Module Title
Criminal Evidence
Module Code
600400
Assessment Element
Problem Question (60%)
Module Leader
Ben Smith
Word Count
2500 words
First Sit or Resit?
First Sit
Reassessment by resubmission or new assessment?
Resubmission
Submission Date
Deadline: 
Assessment Submission (for student information)
eSubmission is the approved method for your programme of study. You must submit your assessed assignment(s), for all modules that you are taking during the 2024/25 Academic Year via the Assignments menu on Canvas. Submission of a printed copy is NOT allowed.
Assignments must be submitted by the date and time stipulated. Deadlines will be strictly adhered to. Students submitting late, and who do not have additional consideration approved by the Additional Consideration Committee, will be subject to penalties for late submission specified by the University. Please note that Saturday and Sunday are treated as “working days” for the purposes of the late submission policy.
Your supervisor appears on behalf of Rebecca Czeznov who faces a single charge of wounding with intent, contrary to section 18 of the Offences against the Person Act 1861. The allegation is that she struck her long-term partner Pavlik Czeznov to the head with a liquor bottle following a drunken disagreement before fleeing the scene. She was arrested shortly after the event, sat in the front of a Seat Ibiza motor vehicle (VRN: CZ04 ZNV) with blood on her clothing and a vodka bottle in the footwell of the vehicle.
At interview, when represented, Rebecca declined to answer any questions put to her, but it is understood from later conversations with her that she only did so based on legal advice, and that having taken full instructions from her, she will be giving evidence and relying on self-defence at the upcoming trial. The basis for her defence is that Mr Czeznov has long been an abusive partner, and on the night in question, whilst heavily intoxicated, he accused her of an extramarital relationship and tried to violently attack her. Fearing for her own safety, Rebecca accepts lashing out with her hand on one occasion and knocking him to the floor but denies the use of a bottle and denies striking him twice. Her account in respect of the presence of the bottle is that she panicked and ran to sit in her car after the incident, taking the bottle with her to consume the vodka as a means of calming her nerves after the traumatic incident.
You will note the presence of a previous conviction for ABH. The incident dates to 2022 and arises from a drunken domestic dispute between Rebecca and Mr Czeznov in which she struck him with a rolling pin to his upper arms and back resulting in severe bruising and swelling. Given the potential similarities with the current offence, Rebecca is understandably keen for the jury not to hear of this, and you might want to consider whether this is realistic.
The case is listed in the coming days for a Plea and Trial Preparation Hearing (PTPH) in Hull Crown Court where the parties will need to identify the issues in the case along with any evidential applications to be made or opposed. From discussions with the Prosecution, it has been indicated that it intends to serve and rely on the full 999 call made by the complainant. A summary of the contents of this call can be found in Suzanne Smales’ witness statement.
Please provide a written note to your supervisor, dealing with the following evidential issues in the case. There is no need to address any other evidential matters arising, save for those below. In your answers, please refer to any relevant and appropriate legislation and caselaw, but there is no need for referencing or footnotes.
1.
Whether there are any evidential issues arising from Rebecca’s silence in her police interview.
2.
Whether there are any potential issues of bad character in Rebecca’s case, and if the prosecution is likely to be able to rely upon it at trial.
3.
Discuss the potential hearsay issues arising from the below evidence in the case:
a.
The 999-call recording.
b.
The diary (Exhibit SA/1)
STATEMENT OF WITNESS
(Criminal Procedure Rules, r. 16.2;
Criminal Justice Act 1967, s. 9)
STATEMENT OF Pavlik Czeznov
Age of witness (if over 18, enter “over 18”): over 18
This statement (consisting of 3 pages) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false, or do not believe to be true.
I am the above named individual and I make this statement further to an incident in which I was assaulted by my wife, Rebecca Czeznov (Becky) in the early hours of Sunday 23 March 2024.
Becky and I first met over a decade ago at University, where we both completed a business degree, before moving in together I was offered a job at a telecommunications company. We have lived together at various addresses, but we currently reside in a rental property together and we have lived at this address for approaching three years. This is the address where the incident took place.
For some time in the lead up to the day in question I had been growing concerned about the amount of alcohol consumed by Becky and I had tried raising this with her, but it always seemed to lead to an argument. These arguments would inevitably involve Becky making cross accusations about my own drinking as a means of deflection. I accept that I drink regularly, but not excessively, and not to the level of Becky who regularly blacks out from her own drunkenness and has recently lost her job as an administrator for a local energy company after failing to turn up for work having consumed too much alcohol on the previous evening.
On the 23 March 2024 we had been out for a meal and drinks to celebrate the engagement of two of our friends. We had both been drinking, and I would estimate that we shared approximately two bottles of wine between us throughout the evening, and I was aware that Becky had also been drinking shots with her friends, but I am not sure how many she had. Whilst I was tipsy, Becky was drunk by 23:30 and so at 23:45 we made our way home in a pre-booked taxi.
We arrived home shortly after midnight and I went upstairs to change out of my suit, whilst Becky remained in the kitchen. After a short time I realised that she was still downstairs and so I put on my dressing gown and made my way downstairs to the kitchen. As I did, I could hear that Becky had put on some loud music and was dancing around the kitchen with a bottle of vodka in one hand and a half-empty glass in the other.
I immediately turned off the music as it was late, and the neighbours have two small children and said to Becky to come to bed. She called me boring and tried to encourage
me to drink but I rejected the offer and told her it was unfair on the children next door to be making noise so late at night and again said to her to put the drink down.
I turned to walk away, and she shouted, “what would you know about kids, you couldn’t even manage to get me pregnant”. This comment hurt me as we have had fertility issues over the years, despite trying to conceive, and we both desperately wanted children. With this, I turned to face her, and I foolishly accept responding in something of a raised voice, shouting at her “I suspect it’s got more to do with you being pissed all the damn time” and “put the bloody bottle down for once Becky”.
The next thing I remember was a movement towards my eye and a thud. It was clear that Becky had hit me to the face and when I looked down, I could see blood dripping from my face, and upon looking back up Becky was standing over me holding a vodka bottle in her right hand. I had a searing, burning sensation to my upper left cheek and I begged her to stop but instead she struck me again to the left eye with the bottle and knocked me to the kitchen floor.
At this point, Becky was hunched over and screaming at me, and I was terrified and in immense pain and so I pushed her away and ran to the downstairs office and locked the door. In the office was a landline phone and I managed to call 999 and I told the call operator what had happened. Even when on the call I could hear her banging on the door and screaming at me to come out, but I was too scared. I stayed locked in the room until it went quiet, and shortly afterwards the Police arrived.
On arrival I told the Police everything about the incident and I was transported to Hull Royal Infirmary where I received medical treatment.
At the hospital it was discovered that I had suffered a cut to my left upper cheek requiring seven stitches, a fractured upper left cheekbone and a fractured left eye socket. I received treatment for the cut immediately and returned after a few days for surgery on my eye socket and cheekbone. The prognosis is that I will make a full recovery, but I will have visible scarring to my face for the rest of my life. This whole incident has left me shaken and I am feeling incredibly anxious about facing the world again with such a large, visible scar to my face.
This is the final straw. I have no desire to reconcile with Becky and I am content to come to Court to give evidence in support of the prosecution.
Signed: …DI Stuart Atkinson………………………. …………….... (witness)
Date: ……31 March 2024……………………………………….
Signed: … Pavlik Czeznov .. …………….. Date: …24 March 2024………..
STATEMENT OF WITNESS
(Criminal Procedure Rules, r. 16.2;
Criminal Justice Act 1967, s. 9)
STATEMENT OF Suzanne Smales
Age of witness (if over 18, enter “over 18”): over 18
This statement (consisting of 1 page) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false, or do not believe to be true.
I am employed by Humberside Police as a call handler. I have been asked to provide a witness statement in relation to the ongoing investigation into an alleged s.18 GBH by Rebecca Czeznov on 23 March 2024. Having consulted the system, I can say the following:
•
At 00:23 on 23 March 2024 a 999 call was received from a male who identified himself as Pavlik Czeznov.
•
The male was crying and struggling to catch his breath. He was clearly in a state of distress, and at times appeared to be hyperventilating, so much so that it took me nearly two minutes to gauge what he needed assistance with.
•
Mr Czeznov reported that his wife, Rebecca, in drink, had struck him twice to the left side of his face with a large glass bottle. He told me that he had locked himself in a room to escape her and whilst on the call he held the phone to the doorway and I could hear banging and shouting, which he said was his wife and attacker, Mrs Czeznov. This banging and shouting continued for approximately four minutes before subsiding.
•
I immediately dispatched DI Atkinson and DS Jones to the scene.
•
I stayed on the line with Mr Czeznov until my colleagues arrived at the property at 00:44, at which point the call was terminated.
The 999 recording will be provided in due course.
Signed: … DI Stuart Atkinson ………….... (witness)
Date: …27 April 2024………………………………………….
Signed: …Suzanne Smales …………….. Date: …27 April 2024..
STATEMENT OF WITNESS
(Criminal Procedure Rules, r. 16.2;
Criminal Justice Act 1967, s. 9)
STATEMENT OF Detective Inspector Stuart Atkinson
Age of witness (if over 18, enter “over 18”): over 18
This statement (consisting of 2 pages) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false, or do not believe to be true.
At 00:29 on 23 March 2024 I received a call over the radio to attend reports of a domestic disturbance. My colleague, DS Jones and I made our way to the property arriving at 00:44.
On arrival we found the front door ajar and we were greeted by a male who identified himself as Pavlik Czeznov. He was in a state of distress, crying heavily and struggling to catch his breath. I could also see that the left side of his face was heavily swollen, and he was bleeding profusely from a large cut to his left cheek and he was clearly in a considerable amount of pain.
We made our way into the kitchen of the property, and I could see drops of blood on the floor and a half-empty glass on the side. I started to ask the male what had happened, but he was incredibly distressed and could not speak properly for a few moments whilst he calmed down. All the while he was saying “has she gone?” over and over, and my colleague confirmed that there was no-one else present in the property.
The male informed us that he had been assaulted by his wife, Rebecca Czeznov, following an argument over her drunkenness. He reported that she had struck him twice to the face with a vodka bottle before chasing him into the office where he managed to lock himself in and call 999. He showed us the injuries to his face, confirming that they were caused by the suspect, and pointed to a trail of blood-splatter leading from the kitchen to the office which he confirmed was his own, and was a result of the attack.
At this stage arrangements were made for Mr Czeznov to be transported to the Hospital for medical treatment and I commenced a search of the property. There was no sign of the bottle used in the attack, but I did locate a diary on a nightstand in the master bedroom, bearing the initials RC on the front page, which I seized, and relevant extracts are produced as Exhibit SA/1.
At this stage I made my way outside the property to commence a search of the local area for the suspect. I began making a call over the radio when I could hear sobbing coming from the open window of a vehicle parked a few spaces down from the property. The motor vehicle was a Seat Ibiza (VRN: CZ04 ZNV).
I made my way to the vehicle to find a female matching the description of the suspect who identified herself to me as Rebecca Czeznov. She was distressed, heavily intoxicated and slurring her words. She was crying and kept repeating “I’m so sorry”.
I shone my flashlight into the vehicle, and I could see a large bottle of Smirnoff vodka in the passenger footwell. Considering that there were reasonable grounds to suspect that this was the weapon used in the assault, I seized this as Exhibit SA/2 [Students – please note that this exhibit is not produced for the assessment]
At this stage I was satisfied that were sufficient grounds to arrest and so I asked the suspect to exit the vehicle, which she did, before staggering and sitting on a nearby front wall of a property.
I cautioned and arrested the suspect on suspicion of wounding with intent and conveyed her into the rear of my Police vehicle to transport her to the Police Station. Upon arrival at the Police station, I conducted a search of the suspect, and a white long-sleeved sweater was seized from her, displaying blood stains and splatter to the right-hand sleeve which I considered to be evidence of her involvement in the assault. I exhibit this as SA/3 [Students – please note that this exhibit is not produced for the assessment].
I conducted an interview under caution of Rebecca Czeznov, whereupon she provided no comment replies to all questions asked of her. A transcript of her interview is exhibited as SA/4.
Signed: … DS Susanna Jones …………….... (witness)
Date: ……23 March 2024……………………………………….
Signed: … DI Stuart Atkinson ….. Date: …23 March 2024……..
Exhibit SA/1
Selected diary extracts
7 March 2024
Lost my job.
I didn’t turn up for one day, that was all it was, and I was feeling unwell. It wasn’t the drink, I know when I’m hungover, but Pav took the opportunity to gloat and blame me. I can’t help feeling unwell and being sick.
I don’t know how much longer I can put up with him anymore. The criticism is just too much.
I hate that bastard
15 March 2024
Night out with friends and Pav makes a scene after I tripped coming out of the bar, claiming I was drunk (again).
I’m fed up him criticising my drinking, it’s not like he doesn’t do it himself.
And to do it in front of our friends – unforgiveable! I know he made it sound like a joke, but I think everyone knew he was being serious - how embarrassing!! Big argument when we got home.
One of these days I’m going to smash his face in…
Exhibit SA/4
Record of interview
Police Interview of Rebecca Czeznov
Interviewer 1: DI Stuart Atkinson
Interviewer 2: DS Susanna Jones
Date: Sunday 24 March 2024 at 11:12. Time: 11:12 – 11:26
DI Atkinson
Rebecca. You have been arrested on suspicion of wounding Pavlik Czeznov with intent, contrary to section 18 of the Offences Against the Person Act 1861.
I am Detective Inspector Atkinson and my colleague Detective Sergeant Jones is accompanying me.
Can you please give your full name and date of birth for the recording?
Rebecca Czeznov
Rebecca Czeznov. 8th May 1989.
DI Atkinson
For the tape, you are accompanied by your solicitor, Samantha Moore.
Also, for the tape, I am going to re-administer the caution.
You have been arrested on suspicion of wounding Pavlik Czeznov with intent, and this is an interview for that offence. You do not have to say anything. But it may harm your defence if you do not mention when questioned something you later rely on in court. Anything you do say may be given in evidence.
Do you understand, Rebecca?
Rebecca Czeznov
Yes
DI Atkinson
Pavlik is your husband isn’t he, Rebecca?
Rebecca Czeznov
NO COMMENT
DI Atkinson
How would you describe your relationship
Rebecca Czeznov
NO COMMENT
DI Atkinson
Are you a heavy drinker?
Rebecca Czeznov
NO COMMENT
DI Atkinson
Can you tell us how much you drank on the evening of 22 March 2024?
Rebecca Czeznov
NO COMMENT
DI Atkinson
You husband called the Police stating that you had assault him. Can you tell us what happened?
Rebecca Czeznov
NO COMMENT
DI Atkinson
He said you struck him with a bottle to the face on two occasions. Is that true?
Rebecca Czeznov
NO COMMENT
DI Atkinson
Can you explain why the bottle was in your car when you were arrested?
Rebecca Czeznov
NO COMMENT
DI Atkinson
Was it because you had assaulted him with it? Did you take it with you to try and hide the evidence?
Rebecca Czeznov
NO COMMENT
DI Atkinson
When you were arrested you were wearing a jumper with blood stains to the right sleeve.
I need you to listen carefully Rebecca. I am going to ask you why your jumper had blood on it, and I am asking you this because we believe that there is blood on your sleeve because you assaulted your husband.
You don’t have to answer this question, but I need to warn you that if you fail to account for the blood on your jumper, this might harm your defence.
Why was there blood on your jumper?
Rebecca Czeznov
NO COMMENT
DI Atkinson
Was it because you had assaulted your husband by striking him with a bottle following a drunken argument?
Rebecca Czeznov
NO COMMENT
DI Atkinson
Also, Rebecca, we found a diary in your bedroom with the initials RC on the front. Was this yours?
Rebecca Czeznov
NO COMMENT
DI Atkinson
The diary has been examined and extracts appear at Exhibit SA/1. You say in the diary “I hate that bastard” and “one of these days I’m going to smash his face in”.
You wrote these comments, didn’t you, and they relate your husband?
Rebecca Czeznov
NO COMMENT
DI Atkinson
Finally, Rebecca, you have a previous conviction for assaulting your husband, dating back to 2022. The incident arose following a drunken argument between the two of you and resulted in a conviction for assault occasioning actual bodily harm. Is this just a repeat of this earlier incident?
Rebecca Czeznov
NO COMMENT
DI Atkinson
I am going to ask you one final time, Rebecca. We believe that you violently assaulted your husband in a drunken rage. If there is anything you want to say in support of your defence you ought to mention it now. Do you wish to say anything further about how your husband came to be injured or the circumstances of your arrest?
Rebecca Czeznov
NO COMMENT
DI Atkinson
Very well. That is the end of our questions for now. The file will be passed to the CPS for review, and you will be detained pending a charging decision.
Interview terminated at 11:26
NAME: CZEZNOV, REBECCA PAGE 1 OF 1
SURNAME : CZENZNOV
FORENAME : REBECCA
BORN : 08/05/89 – KATOWICE, POLAND
ADDRESS : [REDACTED]
SUMMARY OF CONVICTIONS AND REPRIMANDS / WARNINGS / CAUTIONS
CONVICTION (S)
1.
24/10/22 HULL MAGISTRATES
1.
ASSAULT OCCASIONING ABH COMMUNITY REHABILITATION
ON 22/10/22 (PLEA:GUILTY) ORDER 12 MTHS
OFFENCES AGAINST THE PERSON ACT 1861 120 HRS UNPAID WORK
s.39
ENHANCED DETAILS:
At 23:12 on 22/10/22, the police were called to a domestic address occupied by the suspect and her husband, Pavlik Czeznov, following a 999-call made by a concerned neighbour reporting an ongoing disturbance.
On arrival, officers located the defendant and complainant arguing loudly in the property and both in a state of intoxication. Mr Czeznov was heavily bruised to his upper torso, back and arms and reported that the defendant had struck him several times with a wooden rolling pin following a drunken dispute over her drinking. The defendant denied this at the scene, but later accepted in her interview under caution that she had ‘lost it’ after he accused her of being an alcoholic and spoiling a family Christening.
Mr Czeznov was transported to Hull Royal Infirmary for examination and released the same day with painkillers and advice to rest. There were no permanent, severe or long-term injuries.
NO REPRIMANDS / WARNINGS / CAUTIONS
END OF SUMMARY OF CONVICTIONS AND REPRIMANDS / WARNINGS / CAUTIONS