David has a low IQ and a personality trait that means he is both fearful of authority figures and is likely to be agreeable to suggestive questioning. Consequently, he does not want to give evidence at trial. Consider the evidential issues that arise on these facts.

Law of Evidence-Evidential issues 

Question:

David is on trial for the aggravated robbery of Vince at knifepoint as he walked home from school. David pleads not guilty.

Vince attends Magnolia School and walked home alone through nearby woods. On December 4, 2021 Vince says a boy, dressed in a dark green ‘Jailbird’ branded hoodie, which covered much of his head and face, jumped out from behind a tree and threatened Vince with a small kitchen knife demanding he hand over his mobile phone and expensive designer coat.

The following week, Sarah, the mother of another child at the school showed Vince and his mother a photograph from social media of a boy, who she named as David Green (aged 18) who lived in their village and was always wearing a dark green ‘Jailbird’ branded hoodie. Upon showing this photo to Vince, he was convinced that this was the boy who had attacked him. He then searched social media for David’s name and having looked at numerous posts and comments about David, Vince became more convinced that he was the attacker. Vince reported the incident and name to the police. The police decided not to hold an identification procedure on the basis that it was clear that Vince would select David. Most of the images on social media were from at least two months before the attack on Vince, however, and at the point he was arrested David had a short beard.

Upon a search of David’s home, the police found the stolen designer coat in the garden shed. David was arrested and cautioned, although due to police error he was not offered access to a solicitor (the police station was heavily understaffed due to illness). During police questioning, David, at first, says that he found the coat in the park, but following further police questioning he later admits that he attacked Vince and stole the items. By the time of the trial David has a solicitor and David tells him that on his way to the interview room one of the police officers told him that if he cooperated, he would be back home with his mum sooner.

David has a low IQ and a personality trait that means he is both fearful of authority figures and is likely to be agreeable to suggestive questioning. Consequently, he does not want to give evidence at trial.

Consider the evidential issues that arise on these facts.

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