Evidence

Question 1

What is veracity?

Answer 1

The disposition of a person to refrain from lying

Question 2

What are the six objectives set out in section 6 of the evidence act 2006?

Answer 2

A. Application of logical rules
B. Rules of evidence
C. Fairness
D. Confidentiality
E. Avoiding unjustifiable cost & delay
F. Enhancing access to the law of evidence

Question 3

What’s the fundamental condition for the admissibility of evidence

Answer 3

Evidence that is not relevant will not be admissible

Question 4

What does section 8 of the evidence act 2006 set out

Answer 4

The intention of section 8 is to help a judge manage the length of a trial and to ensure fairness of the proceeding

Question 5

In section 9 of the evidence act 2006 admission by agreement what does this mean in practise ?

Answer 5

Prosecution and defence can agree to admit facts so they do not need to be proved.

The judge still has to ensure that the trial is fair

Question 6

What is the Walmington principal

Answer 6

The woolmington principle is that the burden of proof lies with the prosecution

Question 7

What is the standard of proof required on the prosecution

Answer 7

Beyond reasonable doubt

Question 8

What is the standard of proof required from the defence

Answer 8

The balance of probabilities

Question 9

What is reasonable doubt

Answer 9

Reasonable doubt as an honest and reasonable uncertainty

Question 10

What is meant by the balance of probabilities

Answer 10

More probable than not

Question 11

What is a child complainant

Answer 11

The complainant who is child under the age of 18 years when the proceeding commences

Question 12

How to witnesses under the age of 12 give evidence

Answer 12

They must be informed by the judge of the importance of telling the truth and not telling lies and they must promise to tell the truth before giving evidence

Question 13

What does section 107 of the criminal procedure act 2011 allow?

Answer 13

The defence may call a witness immediately after a prosecution witness

Question 14

What is the four step regime of the criminal disclosure act 2008

Answer 14

Initial disclosure by the prosecution
Full disclosure by the prosecution
Defence disclosure
Third party disclosure

Question 15

In relation to the criminal disclosure act 2008 what is the meaning of relevant

Answer 15

Information or an exhibit that tends to support or rebut or has a material bearing on the case against the defendant

Question 16

What are the two exceptions to the prohibition on previous consistent statements

Answer 16

To respond to a challenge to the witnesses Voracity or accuracy

Question 17

What are the three ways in which a witness may be deemed as hostile

Answer 17

They exhibit a lack of voracity giving unfavourable evidence

They give evidence is inconsistent with the statement previously made with an intention to be unhelpful

Refuses to answer questions or deliberately withholds evidence

Question 18

What are the two purposes of cross-examination

Answer 18

To elicit information supporting the case

To challenge the accuracy of the testimony given in evidence in chief

Question 19

What for factors a present for the duty to cross-examine

Answer 19

The topic of cross-examination is a significant matter

The matter is relevant and in issue

The matter contradicts the evidence of a witness

The witness must reasonably be expected to be in a position to give admissible evidence on the matter

Question 20

When is an associated defendant compellable to give evidence for both the crown and defence

Answer 20

Where the associated defendant has been tried separately or where the proceeding against the associated defendant has been determined

Question 21

Is marital privilege allowed

Answer 21

No

Question 22

What’s propensity

Answer 22

The tendency to act in a particular way

Question 23

What must the probative value of propensity evidence have

Answer 23

The probative value must outweigh the risk of an unfairly prejudicial effect

Question 24

Define hearsay evidence

Answer 24

Statement that was made by a person other than a witness and is offered in evidence at the proceeding to prove the truth of its contents

Question 25

When can hearsay evidence be admissible

Answer 25

The statement is reliable

And the maker of the statement is unavailable as a witness or undue expense or delay could occur if the maker is required to be a witness

Question 26

Evidence offered by the prosecution of the statement made by defendant is not admissible against the defendant if what

Answer 26

If it is excluded under any of the following rules:

The reliability rule

The oppression rule

The improperly obtained evidence rule

Question 27

Where is the emphasis of any inquiry determining admissibility under the reliability rule

Answer 27

The emphasis is on the circumstances not whether the statement is actually reliable

Question 28

What is the onus of the prosecution once and issue of unreliability has been raised

Answer 28

To prove on the balance of probabilities that the circumstances in would not have adversely affected its reliability

Question 29

What is the onus on the judge when an issue of oppression has been raised

Answer 29

The judge must exclude the statement unless satisfied beyond reasonable doubt that the statement was not influenced by oppression

Question 30

What is the meaning of oppression in the section of the evidence act

Answer 30

Oppressive,
violent
inhuman or
degrading conduct towards or treatment of the defendant or another person or a threat of conduct or treatment of that kind

Question 31

What is the onus on the prosecution once and issue of oppression has been made

Answer 31

To satisfy the judge beyond reasonable doubt that the defendant’s statement was not influenced by oppression

Question 32

When must the judge exclude improperly obtained evidence

Answer 32

If the judge determines that its exclusion is proportionate to the Impropriety

And is satisfied on the balance of probabilities that the evidence was improperly obtained

Question 33

Evidence is in properly obtained if it is obtained house

Answer 33

Unfairly

inadmissible statement evidence

It was obtained by a breach of any Enactment or rule of law

Question 34

What is the burden of proof imposed on the prosecution for the admissibility voice identification evidence

Answer 34

The burden of proof is on the balance of probabilities

Question 35

What’s the inherent risk of identification evidence

Answer 35

There is an inherent risk of unreliability

Question 36

What’s the special warning a judge needs to provide a jury about identification evidence

Answer 36

Mistaken identification can result in a serious miscarriage of justice and

mistaken witnesses may be convincing and

More then one identification witnesses may be mistaken

Question 37

How does the evidence Act define opinion

Answer 37

The statement of opinion that tends to prove or disprove a fact

Question 38

What is required for expert opinion evidence to be admissible

Answer 38

It must offer substantial help to the factfinder and understanding of the evidence or ascertaining any fact in the proceeding

Question 39

What’s the overriding duty of an opinion expert witness

Answer 39

To assist the court impartially

Question 40

What defines an expert in the evidence act

Answer 40

A person who has specialise knowledge or skill based on training study or experience

Question 41

If the defendant intends to offer expert opinion evidence in a criminal proceeding what is required

Answer 41

Notice of intention to call expert evidence is required at least 10 working days before the day of the trial