59A defendant is charged with actual body harm('ABH')for tattooing his friend without his consent. The incident is alleged to have occurred at a party that both attended. The defendant's defence,as set out in his defence case statement,is that his friend consented. After charge,the prosecution obtained the friend's phone records,which indicate he sent the defendant repeated text messages after the alleged incident talking about how much fun he had at the party. The prosecution do not intend to rely on this evidence at trial.Are the prosecution under an obligation to disclose the text messages to the defence?
选项:
A:No,as the messages are evidence that the defence can reasonably be expected to collate themselves through the defendant's phone records.
B:No,because the prosecution do not intend to rely on the messages.
C:Yes,as the messages potentially undermine the prosecution case or assist the defence.
D:Yes,as the prosecution have a duty to disclose all material relating to the matter.
E:Yes,as it is in the interest of justice for the prosecution to disclose the messages.
发布时间:2024-06-09 18:36:37