R v McGregor [1984] Qd R 256 is a very important case in relation to trials.State the principle discussed in this case and how it is to be used in Court duringa trial.
Question
R v McGregor [1984] Qd R 256 is a very important case in relation to trials.State the principle discussed in this case and how it is to be used in Court duringa trial.
Solution
The principle discussed in the case of R v McGregor [1984] Qd R 256 revolves around the concept of "unfavourable witnesses". The case established that a party who calls a witness is not necessarily endorsing everything that the witness says. It also established that a party is not bound by the evidence of the witness they call if it is unfavourable to their case.
In practical terms, this principle is used in court during a trial in the following way:
- A party (either the prosecution or the defence) calls a witness to testify.
- The witness gives evidence that is unfavourable to the party that called them.
- Despite this unfavourable evidence, the party that called the witness is not bound by their evidence. They can challenge the evidence, cross-examine the witness, and present other evidence to contradict it.
- The jury or judge is then left to weigh up all the evidence and decide what evidence they accept and what evidence they reject.
This principle is important because it allows for a full and fair presentation of all the evidence, even if some of it is unfavourable to the party presenting it. It also ensures that the truth-seeking function of the trial is not compromised.
Similar Questions
Which of the following statements about trials are correct?Check all that apply1 pointThe principle of orality implies that live testimony should be used where possibleThe judgment may be based on evidence that was not discussed at trialThe main purpose of a mid-trial acquittal, is that it saves money and resourcesThe main purpose of a trial is to ensure that the defendant receives a fair and expeditious legal proces
Which of the following features in international trials are inspired by the adversarial system, according to Judge Eser and Judge Fulford? 1 pointSeparation between a prosecution case and a defence caseJudges can order a party to produce additional evidenceThe allowance of witness proofing in some casesVictim participation
Which of the following statements about trials are correct?Check all that apply1 pointThe main purpose of a mid-trial acquittal, is that it saves money and resourcesThe main purpose of a trial is to ensure that the defendant receives a fair and expeditious legal processThe judgment may be based on evidence that was not discussed at trialThe principle of orality implies that live testimony should be used where possible
In the imaginary case of Smith v R the case involves stealing a car. When making a decision in the judgement how will the judge be guided by earlier cases in higher courts?Group of answer choicesEarlier cases will be sometimes binding depending on how similar the fact situation is between the cases.never binding because they are two different cases.of little value to later courts.always binding following the doctrine of precedent regardless of any differences between the cases
Which of the following statements is the key principle in Ridge v Baldwin [1964]Select one:a.The rules of natural justice apply only to the proceedings of courts and tribunalsb.The rules of natural justice apply to all public bodies.c.Proportionality will be applied whenever a court is deciding whether the rules of natural justice have been breachedd.The rules of natural justice are capable of applying in principle where an administrativebody acts judicially.
Upgrade your grade with Knowee
Get personalized homework help. Review tough concepts in more detail, or go deeper into your topic by exploring other relevant questions.