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KI MCQ > Criminal 2 > Flashcards

Criminal 2 Flashcards

1
Q

WHERE THE SUMMONS IS AFFECTED BY HAND, HOW AMNY DAYS BEFORE THE DATE FIXED FOR HEARING SHOULD THE SUMMONS BE SERVED?

  1. 7 DAYS
  2. 14 DAYS
  3. 21 DAYS
  4. 28 DAYS
A
  1. 7 DAYS
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2
Q

HOW LONG CAN THE DEFENDANT BE REMANDED FOR IN CUSTODY ON SUBSEQUENT APPEARANCES BEFORE THE COURT ON THAT OFFENCE?

  1. 30 DAYS IF THE DPP AND PERSON CONSENTS
  2. 15 DAYS IF THE DPP AND THE PERSON CONSENTS
  3. 30 DAYS NORMALLY OR 45 DAYS IF THE DPP AND THE PERSON CONSENTS
  4. 30 DAYS IF THE DPP CONSENTS
A
  1. 30 DAYS IF THE DPP AND PERSON CONSENTS
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3
Q

IS THE DPP ABLE TO INTERVEN TO AFFECT THE WITHDRAWAL OF A PROSECUTION WHCIH HAS BEEN TKEN BY A MEMBER OF AGS AND IF SO IN WHAT CIRCUMSTANCES?

  1. NO, THE DPP IS NEVER ABLE TO INTERVENE TO AFFECT A WITHDRAWAL OF A PROSECUTION BROUGH BY A MEMBER OF AGS
  2. YES THE DPP IS ALWASY ABLE TO INTERVENT TO AFFECT A WITHDRAWAL OF A PROSECTUION BROUGH BY A MEMBER OF AGS
  3. DPP IS ONLY ABLE TO INTERVEN TO AFFECT A WITHDRAWAL FO THE PROSECUTION WHICH HAS BEEN TAKEN BY AGS IN CAPACITY OF COMMON INFORMER
  4. DPP IS ABLE TO INTERVENE TO WITHDRAW A PROSECUTION WHCIH HAS BEEN TAKEN BY A MEMBER OF AGS IF HE INSTITUTES A COMPLAINT IN TEH NAME OF THE DPP
A
  1. YES THE DPP IS ALWASY ABLE TO INTERVENT TO AFFECT A WITHDRAWAL OF A PROSECTUION BROUGH BY A MEMBER OF AGS
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4
Q

YOU ARE BEING PROSECUTED IN THE CIRCUIT COURT BEFORE JURY FOR BREACHING THE COMPETITION ACTS WHO IS IT THAT PROSECUTES YOU?

  1. A MEMBER AGS
  2. THE DPP
  3. THE COMPETITION AUTHOURITY
  4. ANY OF THE ABOVE
A
  1. THE DPP
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5
Q

FAILURE TO SURRENDER TO BAIL IS A CRIMINAL OFFENCE UNDER WHICH OF THE FOLLOWING:

  1. S13 FO CRIMINAL JUSITCE ACT 1984
  2. S4 OF CRIMINAL JUSITCE ACT 1984
  3. S2 OF CRIMINAL LAW ACT 1997
  4. S13 CRIMINAL PROCEDURE ACT 1967
A
  1. S13 FO CRIMINAL JUSITCE ACT 1984
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6
Q

WHERE A CHARGE IS DISMISSED BY THE TRIAL COURT BECASUE IT APPPEARS THAT THERE IS NOT A SUFFICENT CASE TO PUT THE ACCUSED ON TREILA FOR THE CHARGE THE PROSECUTION CAN APPEAL AGAINST THE DIMISSAL OF THE COURT OF CRIMINAL APPEAL WITHIN

  1. 28 DAYS
  2. 21 DAYS
  3. 7 DAYS
  4. 10 DAYS
A
  1. 21 DAYS
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7
Q

WHERE AN APPLICATION FOR BAIL WISHES TO RENEW A BAIL APPLICATION AND THE OBJECTION RAISED WAS NOT ONE UNDER S2 OF BAIL ACT, THE COURT WILL NORMALLY ONLY ALLOW THE APPLICATION TO BE RENEWED IN WHCIH OF THE FOLLOWING SITUATIONS?

  1. WHERE THE ACCSED HAS PLEADED GUILTY
  2. WHERE THE ACCUSED HAS SPENT AT LEAST 6 MONTHS IN CUSTODY
  3. WHERE THERE IS A MATERAL CHANGE IN CRICUMSTANCES
  4. WHERE THE ACCUSED HAS BROUGHT COMPENSATION TO COURT FOR HTE INJURED PARTY
A
  1. WHERE THERE IS A MATERAL CHANGE IN CRICUMSTANCES
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8
Q

WHERE A PRISONER IS DETAINED UNDER S4 OF CRIMINAL JUSTICE ACT 1984 THE PERIOD FOR WHCIH THEY MAY BE DETAINED WITHOUT CHARGE INTIALLY WHERE NO EXTENSION GIVEN SHALL NOT EXCEED

  1. 12 HOURS FROM THE TIME OF ARREST
  2. 10 HOURS FROM THE TIME OF ARREST
  3. 4 HOURS FROM THE TIME OF ARREST
  4. 6 HOURS FROM THE TIME OF ARREST
A
  1. 6 HOURS FROM THE TIME OF ARREST
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9
Q

HENRY IS CHARGED WITH VIOLENT DISORDER ON 1ST JAN 2005, IN THE DISTRICT COURT hENRY IS SERVED WITH THE BOOK OF EIDENCE (DOCUMENTS REFERRED TO IN S4B(1) OF THE CRIMINAL PROCEDURE ACT 1967 AND SENT FORWARD TO THE CIRCUIT COURT. ON 24TH JAN 2005 HENRY’S SOLR WISHES TO SERVE AN ALIBI NOTICE AND SEEKS YOUR ADVICE AS TO THE STATUATORY TIME LIMITS. WHAT IS THE CORRECT ADVICE?

  1. HENRY IS WITHIN THE STATUATORY TIME LIMIT TO SERVE TEH ALIBI NOTICE
  2. HENRY IS OUTSIDE OF THE STATUROTY TIME LIMIT AND ACCORDING TO STATUE LEAVE MUST BE REFUSED
  3. HENRY IS OUTSIDE THE STATUTORY TIME LIMIT BUT ACCORDING TO STAUT THE COURT HSALL NOT REFULE LEAVE IF IT APPEARS THE DISTRICT COURT DID NOT INFORM HENRY OF THE REQUIREMENTS RELATIN TO THE ALIBI NOTICE
  4. HENRY IS OUTSIDE THE STATUATORY TIME LIMIT BUT ACCORDING TO STATUTE THE COUR TSHALL NOT REFUSE LEAVE IF IT APPEARS TO THE COURT HAT HENRY’S SOLR DID NOT INFORM HENRY O F THE REQUIREMNTS RELATING TO THE ALIBI NOTICE.
A
  1. HENRY IS OUTSIDE THE STATUTORY TIME LIMIT BUT ACCORDING TO STAUT THE COURT HSALL NOT REFULE LEAVE IF IT APPEARS THE DISTRICT COURT DID NOT INFORM HENRY OF THE REQUIREMENTS RELATIN TO THE ALIBI NOTICE
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10
Q

A HOSTILE WITNESS IS
1. AN UNFAVOURABLE WITNESS
2. AN UNPLEASANT WITNESS
3. A WITNESS WHO SHOWS NO DESIRE TO TELL THE TRUTH AT THE INSTANCE OF TH PARY CALLING
4. A WITNESS WHO SHOWS NO DESIRE TO ANSER THE QUESTION OF THE PARTY CROSSEXAMING HIM

A
  1. A WITNESS WHO SHOWS NO DESIRE TO TELL THE TRUTH AT THE INSTANCE OF TH PARY CALLING
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11
Q

Felicity is 15. SHE IS THE ONLY WITNESS TO THE COMMISSION OF A CRIM AND IS TERRIFIED THAT THE ACCUSED WILL INTIMIDATE HER IN COURT TO THE EXTENT THAT SHE MAY BE UNABLE TO GIVE EVIDENCE. YOU ACT FOR THE PROSECUTION. IN ORDER TO ASSIS T HER YOU MAKE AND APPLICATION TO THE COURT THAT HER EVIDENCE BE GIVEN BY LIVE VIDEO LINK IN ACCORDANCE WITH PROVISION OF Ss12-19 CRIMINAL EVIDENCE ACT 1992 AS AMENDED. YOUR APPLICATION WILL BE UNSUCCESSFUL IF THE OFFENCE CHARGED IS:

  1. S3 ASSAULT CASUING HARM
  2. LARCENY
  3. RAPE
  4. ROBBERY
A
  1. LARCENY
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12
Q

UNDER THE CHILDREN’S ACT 2001THREE OF THE FOLLOWING CATEGORIES OF PERSON ARE ENTTILED TO ATTEND PROCEEDINGS THE CHILDREN’S COURT. hOWEVER, ONE CATEGORY WILL BE EXCLUDED UNLESS THE COURT USES ITS DISCRETION TO PERMIT THEM REMAIN. WHICH ONE?

  1. PARENTS OF ACUSSED CHILD
  2. GUARDIANS OF ACCUSED CHILD
  3. BONA FIDE REPRESENTATIVES OF THE PRESS
  4. COUNSEL REPRESETNIGN A CHILD IN A DIFFERENT CAS, WIATING FOR THE OTHER CASE TO BE CALLED ON
A
  1. COUNSEL REPRESETNIGN A CHILD IN A DIFFERENT CAS, WIATING FOR THE OTHER CASE TO BE CALLED ON
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13
Q

WHEN MAY A WITNESS WHO HAS NOT BEEN EXAMINED IN CHIEF BE CROSS EXAMINED?

  1. THE MAY BE XX BY THE NON CALLIN PARTY WHERE THE CALLING PARTY DOES WISH TO ASK QUESTIONS
  2. THEY MAY BE XX BY THE CALLING PARTY WHER ETH CALLING PARTY WISHES TO ASK THEM LEADING QUESTIONS
  3. TEHY MAY NOT BE XX BY EITHER SIDE
  4. THEY MAY BE XX BY THE JUDGE
A
  1. TEHY MAY NOT BE XX BY EITHER SIDE
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14
Q

IN THE DISTRICT COURT A DEFENDNAT CAN PLED GUILTY
1. ON THE FIRST DAY IN COURT
2. ON A REMAND DATE
3. ON A HEARING DATE
4. ALL OF THE ABOVE

A
  1. ALL OF THE ABOVE
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15
Q

IF THE ACCUSED WISHES TO REAISE A DEFENCE OF ALIBI HOW LONG DOES THE ACCUSED HAVE TO FURNISH THE PROSECUTION WIHT WRITTEN PARTICULARS OF SAID DEFENCE?

  1. 7 DAYS
  2. 10 DAYS
  3. 14 DAYS
  4. 21 DAYS
A
  1. 14 DAYS
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16
Q

BARRY WAS REMANDED ON BAIL IN CLOVER HILL D/COURT ON CONDITION THAT HE ENTER INTO A BAIL BOND OF €500 €200 TO BE LODGED IN COURT . BARRY DOES NOT HAVE THE MONEY ON HIM. WHAT DOES THIS MEAN FOR BARRY?

  1. BARRY CANNOT BE REMANDED IN BAIL AND INSTEAD WILL BE REMANED IN CUSTODY.
  2. BARRY WIL LBE REMANED ON BAIL BUT WILL HAVE TO LODGE TEH €200 ONCE IT BECOMES AVAILABLE TO HIM
  3. BARRY WILL REMENED IN CUSTODY AND WHEN THEMONEY IS AVAIALBE HE CAN LODGE IT IN COUR TAND THEN BE REMANED ON BAIL
  4. BARRY WILL BE REMANDED IN CUSTODY AND WHEN THE MONEY IS AVAIALBLE HE CAN LODGE IT IN PRISON AND THEN BE REMANED ON BAIL.
A
  1. BARRY WILL BE REMANDED IN CUSTODY AND WHEN THE MONEY IS AVAIALBLE HE CAN LODGE IT IN PRISON AND THEN BE REMANED ON BAIL.
17
Q

UNDER S4A(1)IF THE CRIMIMNAL PROCEDURE ACT 1999 A COURT SHALL SEND A PERSON FORWARD FOR TRIAL UNLESS

  1. COUNSEL MAKES AN APPLICATION UNER S4A THAT THE CASE SHOULD BE TRIED SUMMARILY BECASUE THE ACCUSED IS UNFIT TO PLEAD
  2. COUNSEL MAKES AN APPLICATOIN UNDER S4A THAT THE ACCUSED SHOULD BE REMANDED AT A PSYCHITARIC HSOPTIAL TO BE ASSESSED BY THE MEDICS AS HE IS UNFIT TO PLEAD
  3. COUNSEL MAKES AN APPLICATION UNDER S4A THAT THE ACCUSED IS UNFIT TO PLEAD AND THEREFEORE THE MATTER SHOULD GO TO THE JURY ON WHETER THE ACCUSED PESON IS BEYOND REASONABLE DOUBT , INSANE OR NOT
  4. COUNSEL MAKES AN APPLICATION UNDER S4A THA TTHE ACCUES IS UNFIT TO PLEA AND THEREFORE THE MATTER SHOULD GO TO THE JURY ON WHTERH HTE ACCUSED IS ON THE BALANCE OF PROBABILIIES, INSANE OR NOT
A
  1. COUNSEL MAKES AN APPLICATOIN UNDER S4A THAT THE ACCUSED SHOULD BE REMANDED AT A PSYCHITARIC HSOPTIAL TO BE ASSESSED BY THE MEDICS AS HE IS UNFIT TO PLEAD
18
Q

A JUDGE CAN TAKE OTHER OFFENCES INTO ACCOUTN WHERE FOR THE PUROSES OF SENTENCING WHERE

  1. AN ACCUSED HAS BEEN CONVICTED OF AN OFFENCE AND BEFORE SENTENCE IS IMPOSED HE PLEADS GUILTY TO OTHER OFFENCES AND AAKS THE COURT TO TAKE THEM INTO ACCOUNT WHEN IMPOSING SENTENCE
  2. AN ACCUSED HAS NO JURISDCIONT TO TAKE ANY OTHER OFFENCE INTO CONSIDERATOIN WHERE AN ACCUSEDHAS NOT BEEN CHARGED WIHT THEM
  3. 1 ABOVE APPLIES BUT ONLY WHERE THE DPPS CONSENT HAS BEEN GIVEN TO ACCEDE TO THE DEFENDANTS REQUEST
  4. A LOWER COURT WHAIH HAS BEFIRE IT CHARGES AGAINST EH ACCUSED TO WHICH HE HAS PLEADDED GUILTY REQUEST THE TJ IMPOSING SENTENCE TO TAKE THESE CHARGES INTO CONSIDERATOIN WHENIMPOSING SENTENCE
A
  1. 1 ABOVE APPLIES BUT ONLY WHERE THE DPPS CONSENT HAS BEEN GIVEN TO ACCEDE TO THE DEFENDANTS REQUEST
19
Q

RE SINGER CASE CONCERNED THE FOLLOWING ISSUES

  1. LENGTH OF DETENTION
  2. REARREST OF AN APPLICANT
  3. A FAULTY WARRANGE
  4. INTERVAL OF LIBERTY
A
  1. REARREST OF AN APPLICANT
20
Q

AS A RESULT OF WICH CSE IS IT NOW POSSIBLE TO CHALLENGE IN THE CONTEXT OF AN ART 40 INQUIRY , THE FAIRNESS OF PROCEDURS AN DQUALITY OF HTE NATURAL AND CONSITITUTIONAL JUSTICE THAT ATTACHED TO A HEARING AFFORDED TO AN INDIVIDUAL IN THE D/COURT

  1. CHARLES SHEEHAN V REILLY 1993
  2. MCSORLY V GOVERNOR OF MOUNTY 1997
  3. MARTIN MCDONAGH V GOVENOR OF CLOVERHILL 2005
  4. SANER NASIRI V GOVERNOR OF CLOVERHILL
A
  1. SANER NASIRI V GOVERNOR OF CLOVERHILL
21
Q

WHICH OF HTE FOLLOWING ARE TRUE OF THE RULE RELATING TO AN APPLICATOIN FOT EXTEND HTE TIEM ALLOWED FOR SERVICE OF A A NOITCE OF APPEAL AGAINST A CRIMINAL CONVICTION IN THE DISTRICT COURT?
1. MUST BE MADE EX PARTE
2. MUST BE MADE ON NOITCE
3. CAN BE EITHER 1 OR 2
4. NO SUCH APPLICATION CAN BE MADE - TIME LIMITS ARE ABSOLUTE

A
  1. MUST BE MADE ON NOITCE
22
Q

THERE IS A RANGE OF INDICTABLE OFFENCES WHITH CAN BE TRIED SUMMARILY IN CERTAIN CIRCUMSTANCES, SOME OF THE OFFENCE IN QUESTION ARE LISTED IN

  1. PART 1 CRIMINAL JUSTICE MISC PROVISIONS ACT 1997
  2. FIRST SCHEDULE CRIMINAL JUSTICE EVIDENCE ACT 1924
  3. SCHEDLA TO THE CRIMINAL JUSTICE ACT 1984
  4. FIRST SCHEUDLE TO THE CRIMINAIL JUSTICE ACT 1951
A
  1. FIRST SCHEUDLE TO THE CRIMINAIL JUSTICE ACT 1951
23
Q

BURDEN OF PROOF AND STANDARD OF PROOF

UNDER THE COMMON LAW AND NOW CRIMINAL LAW (INSANITY ) ACT 2006 WHO HOLDS HTE BURDEN OF PROOF

  1. PROSECUTION
  2. JUDGE
  3. ACCUSED
  4. 3RD PARTY
A
  1. ACCUSED
24
Q

BURDEN OF PROOF AND STANDARD OF PROOF

What information given in the Book of Evidence might be used to prove THE OFFENCE ingredients?
1. WITNESS STATEMENTS
2. TJ INTERPREATION
3. THE GARDA GENERAL VIEW OF HTE ACCUSED
4. CCTV
5. BOTH 4 AND 1

A
  1. BOTH 4 AND 1
25
Q

SENTENCING

WHAT OFFENCES CARRY A MANDATORY LIFE SENTENCE UNDER S2 OF THE CRIMINAL JUSTICE ACT?

  1. MURDER OF AN GARDA SIOCHANA IN COURSE OF DUTIES
  2. MURDER OF PRISON OFFICER IN COURST OF DUTY
  3. MURDER OF A FOREIGN DIPLOMAT
  4. TREASON
  5. S15 A DRUG OFFENCES
A

1, 2, 3 & 4

26
Q

WHAT IS THE MAXIMUM SENTENCE HTE DISCTRICT COURT CAN IMPOSE IN ALL THE CIRCUMSTNCES?

  1. 12 MONTHS
  2. 24 MONTHS IN SOME CIRCUMSTANCES
  3. 36 MONTHS
A
  1. 12 MONTHS
  2. 24 MONTHS IN SOME CIRCUMSTANCES
27
Q

WHAT A DEFENDANT IS REFUSED LEGAL AID IN THE DISTRICT COURT, WHCIH FO TH EFOLLOWING IS THE CORRECT APPEAL?

  1. APPEAL TO THE CIRCUIT COURT
  2. APPEALT TO A DIFFERENT D/COURT JUDGE
  3. JR THE DECISON OF THE DC TJ
  4. APPEALT TO THE CCA
A
  1. JR THE DECISON OF THE DC TJ
28
Q

JEN AND MICK ARE DIVORCED. MICK IS PROSECUTED FOR ASSAULTING JEN UNDER S3 NFOAP ACT 1997 WHILE THEY WERE MARREID. IS JEN COMPTENT AND COMPELLABLE FOR THE PROSECUTION?
1. JEN IS COMPETENT AND COMPELLABLE
2. JEN IS NEITHER COMPETENT NOR COMPELLABLE
3. JEN IS COMPETENT BUT NOT COMPELLABLE
4. JEN IS COMPELLABLE BUT NOT COMPETENT

A
  1. JEN IS COMPETENT AND COMPELLABLE
29
Q

THE CASE AGAINST YOUR CLIENT HINGES ON IDENTIFICATION EVIDENCE. IN A CHARGE TO THE JURY WIHC IS THE COURT OF ACTION FOR THE JUDGE TO TAKE?
1. READ THE REQ FORMULA DIRECTY FROM AG V CASY NO 2 1963 TAKING CARE NOT TO VEER FROM THAT DECISION
2. MAKE NO REFERENCE TO THE MATTER AS THE DEFENCE HAVE DEALT WITH IT
3. FOLLOW HTE GUIDANCE IN CASEY, NOTING THE WORDING IS NOT ACTUALLY PRESCRIBED BUT IS GENERAL TO BE APPLIED TO EACH CASE
4. TELL THE JURY WITHOUT CORROBARING VIDEO EVIDENCE ID EVIDENCE SHOULD BE DIREGARED

A
  1. FOLLOW HTE GUIDANCE IN CASEY, NOTING THE WORDING IS NOT ACTUALLY PRESCRIBED BUT IS GENERAL TO BE APPLIED TO EACH CASE
30
Q

OFFENCE OF POSSESSION OF DRGUS WITH INTENT TO SUPPLY AS PER S15A OF THE MDA 1977 AS AMENDED ATTRACTS
1. MANDATORY MINIMUM SENTENCE OF LIFE IMPRISONMENT
2. MANDATORY SENTENCE OF 10 YEARS
3. MANDATORY MINMUM OF 10 YERAS
4. A MAX SENTENCE OF 10 YEARS

A
  1. MANDATORY MINMUM OF 10 YERAS
31
Q

WHAT SHOULD BE DRAFTED FOR BAIL IN THE HIGH COURT
1. STATEMENT OF GROUNDS
2. NOTICE OF MOTION AND AFFADVIT OF THE APPLICANT
3. EXPARTE DOCKET OF THE APPLICANT SOLICITOR
4. EXPARTE DOCKET AND AFFADAVIT OF PRISONER

A
  1. NOTICE OF MOTION AND AFFADVIT OF THE APPLICANT
32
Q

“CORRECT CHARGE TO THE JURY IS THAT THEY MUST BE SATISFEID BEYOND REASONABLE DOUBT AND IT IS HELFPUL TO CONTRAST THAT WITH THE BALANCE OF PROBABILITES IN A VCIVIL CASE” COMES FROM WHICH CASE
1. PEOPLE V BYRNE
2. PEOPLE V QUINN
3. PEOPLE V CUTTER
4. WAITERS V R

A
  1. PEOPLE V BYRNE
33
Q

PERIOD IN WHICH A BOOK OF EVIDENCE SHOULD BE SERVED IS
1. 42 DAYS OF ACCUSED FIRST APPEARANCE IN COURT
2. 42 DAYS OF THE MATTER BEIGN SENT FORWARD
3. 42 DAYS OF THE CHARGE BEING PREFERRED
4. 42 DAYS OF TEH COMMISSION OF THE OFFENCE

A
  1. 42 DAYS OF ACCUSED FIRST APPEARANCE IN COURT
34
Q

IN A BURGUALRY WIHC IS CONSIDERED AN AGGRABATING FACTOR
1. THAT PEOPLE WERE ASLEEP UPSTAIRS
2. THAT THERE WAS NO ONE HOME
3. THAT THE OFFENDER IS A DRUG ADDICT
4. THAT CASH WAS TAKEN

A
  1. THAT PEOPLE WERE ASLEEP UPSTAIRS
35
Q

IN A SEXUAL ASSAULT BY A PERP OF THREE COUTNS ON ONE VICTIM, ON SENTENCING A TRIAL JUDGE WILL

  1. IMPOSE CONCURRENT SENTENCES ON EACH COUNT
  2. IMPOSE CONSECUTIVE SENTENCES ON EACH COUNT
  3. HAVE DISCRETION TO IMPOSE EITHER
  4. MUST IMPOSE CONSECUTIVE SENTENCES ON AT LEAST 2 COUNTS
A
  1. HAVE DISCRETION TO IMPOSE EITHER
36
Q
A

KI MCQ (3 decks)

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