Page 463 - Magistrates Conference 2019
P. 463

EVIDENCE OF MISBEHAVIOUR OTHER THAN THAT CHARGED -




                                                                                   SCENARIO







                                                                      DISCUSS





                                                                      The  appellant  was  charged  with  murdering  his
                                                                      estranged  wife.  The  prosecution  case  against  him

                                                                      consisted  of,  inter  alia,  evidence  from  the  victim’s
                                                                      mother  and  her  friend  that  the  appellant  had
                                                                      demonstrated  hostility,  violence  and  possessiveness

                                                                      towards  her  and  that  he  was  plainly  resentful  that  she
                                                                      had left him. On the night that the victim was killed,
                                                                      the appellant’s red pickup truck was sighted a few

                                                                      yards from her home, at around 7.20 pm.


                                                                      The  appellant  did  not  give  evidence  but  told  the  jury
                                                                      from the dock that he stood by what he had said to the

                                                                      police,  that  is,  at  around  7  to  7.30  pm,  he  was  either
                                                                      driving through Charlestown in search of food to buy or
                                                                      travelling  north  towards  Cotton  Ground  to  visit

                                                                      someone.
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