INV102 - EVIDENCE ACT

Question 1

evidence is improperly obtained if…

Answer 1

obtained unlawfully or unfairly

Question 2

you can only make an application for the alternative way of presenting evidence if the witness is a child, a victim of sexual assault or a member of their family

Answer 2

false

Question 3

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

Answer 3

fals

Question 4

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

Answer 4

beyond a reasonable doubt

Question 5

what is the standard of proof required for a statement that was improperly obtained?

Answer 5

balance of probabilities

Question 6

when deciding whether to exclude a statement the judge must consider:

1. number of questions put to the defendant about the offence
2. pertinent characteristics of the defendant
3. physical, mental or psychological condition of the defendant when statement was made

Answer 6

1. false
2. true
3. true

Question 7

the judge may rule defendants statement inadmissible if decided that its content is unreliable. an example of an inadmissible statement could be a video interview showing suspect is:

1. affected by drugs
2. promised a court outcome in return for information
3. confused by interviewers rhetorical questioning

Answer 7

1. yes
2. yes
3. yes

Question 8

as defined in the evidence act 2006 a statement is limited to a written or verbal assertion by a person on any matter

Answer 8

false

Question 9

representation refers to the behaviour of the interviewer who…

Answer 9

promise a favour in return for a requested action

Question 10

Grant is a witness to a stabbing at a local ba. he was a bystander and has no relationship to the victim or suspect. what 2 reasons can be given to support an application for the video record of his interview to be played as his evidence in chief

Answer 10

1. he will be overseas at the time of the trial

2. he has been badly affected by the incident and cant sleep

Question 11

what is an example of an improperly obtained interview record

Answer 11

1suspect repeatedly asks for a lawyer but interview continues without one

Question 12

the following scenario becomes an example of an improperly obtained evidence when:

you are interviewing a new immigrant…

Answer 12

and you do not ensure the suspect really understands his rights

Question 13

under s29 of the evidence act 2006 oppression is defined as …

Answer 13

threats, degrading treatment or violence to the defendant or any other person

Question 14

as an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant

Answer 14

true

Question 15

a statement made by a defendant is admissible against a co-defendant

Answer 15

false

Question 16

when deciding whether the evidence was improperly obtained the judge will consider:..

Answer 16

1. the importance of any right breached and the seriousness of the intrusion on it
2. whether the impropriety was necessary to avoid physical danger to Police or others

Question 17

the following could affect the reliability of a suspect interview record:

when the suspect being interviewed…

Answer 17

is clearly unwell and tired but the interview continues without a break

Question 18

jane is a 27 yr old complainant of repeat sexual abuse of last 15 years. an application can be made for janes video recorded interview with police to be played as her evidence in chief on the grounds of:

1. relationship between complainant and defendant
2. trauma jane has suffered over 15 years
3. sexual nature of her fathers alleged ongoing offending

Answer 18

1. true
2. true
3. true

Question 19

under s103 of evidence act 2006 when deciding whether to accept an application to give evidence of witness in an alternative way the judge must have regard to whther the alternative way will…

Answer 19

promote the recovery of the victim from the alleged offence