Evidence Act 2006

Question 1

Under Section 103 of EA 2006 when deciding on whether to accept an application to give evidence of a witness in an alternative way, the Judge must have regard to whether the alternative way will:

Answer 1

Promote the complainant’s recovery from the alleged offence.

Question 2

Representation refers to the behavior of the interviewer who:

Answer 2

Promises a favour in return for a requested action.

Question 3

Evidence if improperly obtained if it is:

Answer 3

Obtained unfairly or unlawfully.

Question 4

True or False: Jane is a 27yr old complainant of repeat sexual abuse by her father over the past 15yrs.

An application can be made for Jane’s video recorded interview with Police to be played as her evidence-in-chief on the grounds of the:

1. Relationship between complainant and defendant.
2. Sexual nature of the offending.
3. Trauma Jane suffered over 15yrs.

Answer 4

1. True
2. True
3. True

Question 5

True or False: A statement made by a defendant is admissible as evidence against a co-defendant in the proceedings.

Answer 5

False.

Question 6

True or False: When deciding whether to exclude a statement the Judge must consider:

1. Physical, mental or psychological condition of the defendant when the statement was made.
2. Number of questions put to the defendant about the offence for which they were arrested.
3. Pertinent characteristics of the defendant including any mental, intellectual or physical disability.

Answer 6

1. True
2. False
3. True

Question 7

Under S29 of EA 2006, oppression is described as:

Answer 7

Threats, degrading treatment or violence to the defendant or any other person.

Question 8

True or False: 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.

Answer 8

False

Question 9

True or False: The Judge must exclude a statement when he is satisfied on the balance of probabilities that the circumstances in which the statement was given adversely affected its reliability.

Answer 9

True

Question 10

What are two reasons that a witness could give their evidence-in-chief?

Answer 10

They will be overseas on a planned holiday at the time of the trial.

They have been badly affected by the event and can’t sleep.

Question 11

The Judge must exclude a defendants statement if they are satisfied the statement was improperly obtained. What is the standard of proof required?

Answer 11

Balance of probabilities.

Question 12

What is an example of an interview record that has been improperly obtained?

Answer 12

Repeatedly asking for a lawyer but the interviewer continues on without one.

Question 13

The Judge must exclude a defendants statement if they are satisfied it was influenced by oppression. What is the standard of proof required?

Answer 13

Beyond reasonable doubt.

Question 14

An example of an inadmissible statement could be a video record showing the suspect is:

1. Promised a court outcome in return for information.
2. Confused by the interviewer’s rhetorical questioning.
3. Affected by drugs or alcohol at the time of interview.

Answer 14

1. Yes
2. Yes
3. Yes

Question 15

What could affect the reliability of a suspect interview record, when the suspect is:

Answer 15

Tired and clearly unwell but is not offered an interview break.

Question 16

True or False: In decisions about admissibility of their interview, characteristics of the suspect such as mental, intellectual or physical disability are only taken into account if they a visibly present at the time of the interview.

Answer 16

False

Question 17

True or False: As defined by EA 2006, a statement is limited to a written or verbal assertion by a person on any matter.

Answer 17

False

Question 18

What considerations will a Judge make regarding whether the evidence was improperly obtained?

Answer 18

The importance of any right breached and the seriousness of the breach.

Whether the impropriety was necessary to avoid physical danger to the Police or others.

Question 19

What would be example of evidence that has been improperly obtained when interviewing a new migrant?

Answer 19

The interview does not ensure the suspect really understands his rights.

Question 20

True or False: As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant.

Answer 20

True.