Evidence Flashcards
As defined by the evidence act 2006 a statement is limited to a written or verbal assertion by a person on any matter.
True or false.
False
A statement made by a defendant is admissible as evidence against a co-defendant in the proceedings.
False.
Grant is a 38 year old male who witnesses a stabbing in a local bar. He was a bystander and has no relationship to the victim or the suspect.
Which two reasons could be given to support an application for the video of this witness interview to be played as his evidence in chief.?
Select one or more.
Grant will be overseas on a planned holiday at the time of the trial.
Grant says he has been badly affected by the event and can’t sleep.
Which of the following scenarios could be an example of evidence that has been improperly obtained?
During an interview with a new immigrant the interviewer.
Select one.
Does not ensure the suspect really understands his rights.
Representations refers to the behaviour of the interviewer who.
Select one.
Promises a favour in return for a requested action.
Jane smith is a 27 year old complainant of repeat sexual abuse by her father over the last 15 years.
An application can be made for janes video recording interview with police to be played as her evidence in chief on the grounds the:
Relationship between the complainant and the defendant TRUE
Trauma Jane has suffered over the 15 years TrUE
Sexual nature of her fathers alleged ongoing offending. TRUE
As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant.
Select one.
True
The judge must exclude a defendants statement if they are satisfied it was influenced by oppression. What is the standard of proof?
Beyond reasonable doubt.
Consider the statements below and decide whether they are true or false.
When deciding whether to exclude a statement the judge must consider the:
Physical, mental or psychological condition of the defendant when the statement was made. True
Pertinent characters tics of the defendant including any mental, intellectual or physical disability. True
Number of questions put to the defendant about the offence for which they were arrested. False.
Evidence is improperly obtained if it is.
Select one.
Obtained unfairly or unlawfully.
When deciding whether evidence was improperly obtained, which of the following considerations will the judge make?
Mark the statements that are correct.
Select oNe or more.
Whether the impropriety was necessary to avoid physical danger to the police or others.
The importance of any right breached and the seriousness of the intrusion.
An application for the alternative way of presenting evidence may only be made if the witness is a child, a victim of sexual assault or a member of their family.
Select one.
False.
Is this statement true or false?
The judge must exude a statement when he r she is satisfied on the balance of probabilities that the circumstances in which the statement was given adversely affected its reliability.
True
Under s29 of the evidence act 2006, oppression is defined as.
Threats, degrading treatment or violence to the defendant or any other person.
The judge may rule a defendants statement inadmissible if he decides its content is likely to be unreliable
An example of inadmissible statement could be s video record showing the suspect is:
Promised a court outcome in return for information. YES.
Affected by drugs or alcohol at the time of the interview. YES.
Confused by the interviewers rhetorical questioning. YES.
Which if the following scenarios could affect the reliability of a suspect interview record?
When the suspect being interviewed is:
Tired and clearly unwell but is not offered an interview break.
Which of the following scenarios could be an example of an interview record that has been improperly obtained?
When the suspect….
Select one.
Repeatedly asks for a lawyer but the interviewer continues on without one.
Under section 103 of the evidence act 2006, when deciding on whether to accept an application to give the evidence of a witness in a alternative way, the judge must have regard to whether the alternative way will.
Select one.
Promote the complainants recovery from the alleged offence.
The judge must exclude a defendants statement of they are satisfied the statement was improperly obtained. What is the standard of proof required?
Balance of probabilities.
In decisions about in admissibility of their interview, characteristics of the suspect such as mental, intellectual, or physical disability are only to be taken into account if they are visibly present at the time of the interview.
True or false.
False.
