Defended Hearing

Question 1

For a Police officers brief of evidence what are the extra requirements?

Answer 1

Caution rights recorded in full
All Q&A from the suspect interview should be included
Include all relevant times specified events 
TOA
Time advised of the job
Time of arrest 
Time an exhibit was seized
Time returned to the station

Question 2

Where is the brief of evidence located on a police file?

Answer 2

In triplicate behind the Summary of Facts.

Question 3

How does a brief of evidence help a Police prosecutor prosecute a case in court?

Answer 3

• Enable the o/c prosecution to assess whether prima facie case exists
• Serves as a guide to the prosecutor when presenting the prosecution case

Question 4

What are the rules when preparing a brief of evidence?

Answer 4

• clear and concise in a logical manner
• Prove the ingredients for an offence
• Identify the defendant as the offender
• Outline the circumstances surrounding the identification, lighting, weather, distance
• Details exhibits to be produced by the most appropriate witness at the appropriate time

Question 5

What must a witness be both of to be able to give evidence?

Answer 5

Compellable

Compentent

Question 6

What does the term “facts in issue” mean?

Answer 6

• all the ingredients of an offence
• also the identity of the offender alledged by the prosecution denied by the offender
• They must be proved by the offender

Question 7

what does burden of proof mean?

Answer 7

The responsibility or onus of establishing the case concerned. This needs to be proved by the prosecution

Question 8

What are the rules of evidence for opinion evidence?

Answer 8

C-contents 
H-How the statement was taken
A-Accuracy 
N-Nature of the statement
T-Trustworthiness of the statement maker

Question 9

What two things must evidence be when presented in court?

Answer 9

Must be relevant

Admissible

Question 10

Under section 133 of the Evidence ACt 2006 large volumes of evidence can be given by way of summary chart. What are some examples?

Answer 10

• cheques
• Medical certificates
• Quotes for repair
• Vehicle inspection reports
• Photographs
• Bank statements

Question 11

Section 130 of the evidence act relates to producing documents to the court without a witness. What conditions are required?

Answer 11

-A notice that you intend to do so(allowing enough time for the defendants lawyer to consider the proposal
-A copy of the document
The other party can object!!!!!!!!!!!!!!

Question 12

Normally the onus is on the prosecution to prove the guilt of the defendant. Name two instants when the reverse would happen?

Answer 12

• s66 of the arms act 1983 is the driver of a vehicle or the occupier of a building in which a firearm is found is deemed to be in possession of that firearm. The onus is on the defendant to prove otherwise
• A receiver found with stolen goods. The presumption is the suspect is either a thief or a guilty receiver

Question 13

What must the prosecution prove to establish the defendants guilt?

Answer 13

All the ingredients of an offence and the identification of the offender

Question 14

What is the definition of evidence?

Answer 14

Is information given personally or drawn from a document. It tends to prove or disprove a fact

Question 15

What are the four divisions of evidence?

Answer 15

Direct
Documentary
Real
Circumstantial

Question 16

What is direct evidence?

Answer 16

Testimony of a witness to a given fact

Question 17

What is documentary evidence?

Answer 17

Documents for the court or judge to inspect

Question 18

What is real evidence?

Answer 18

Material objects directly presented for inspection

Question 19

What is circumstantial evidence?

Answer 19

Facts other than facts of the issue. From which the facts in an issue maybe inferred.

Question 20

What is the credibility of evidence?

Answer 20

Is the extent to which evidence is regarded a true.

Question 21

What makes evidence credible?

Answer 21

The witness must only say what they know to be true. And be prepared to say what they know as not true.

Question 22

Who are no compel label witnesses?

Answer 22

• the accused
• judge
• jury
• juror
• counsel
• sovereign
• Governor General
• bank officer producing bank records

Question 23

Under what circumstances would the accused be both competent and compellable?

Answer 23

This would be is the accuse had already entered a guilty plead and could be compellable against the co - offender

Question 24

What section and what act deals with the victims rights?

Answer 24

Victims Rights Act 2002 17

Question 25

What is included in a victim impact statement?

Answer 25

Only

• physical and emotional harm
• loss of or damage to property
• other effects of the offence suffered by the victim

Question 26

What is the definition of a victim?

Answer 26

• a person against whom an offence is committed
• a person through or by other means of an offence suffers physical injury, loss and damage to property
• a parent or legal guardian of the above
• any member of the immediate family of a person who as a result of the offence dies

Question 27

What is the definition of immediate family?

Answer 27

A member of persons family or culturally recognised group.
- close relationship, spouse, de facto partner, child, stepchild, brother, stepbrother, sister, step sister, parent, stepparent or grandparent.

Question 28

What must not be contained in the victim impact statement?

Answer 28

• Opinion
• Comment on the offender
• Not a statement if facts
• Cannot include evidence of of unlawful acts by other offenders
• not previous offences