JP

Question 1

R v TURNBULL 1977

Answer 1

(1977)
Amount of time under observation 
Distance from suspect or incident
Visibility 
Obstructions 
Known or seen before
Any reason to remember 
Time under observation/or since
Errors or discrepancies

Question 2

R v WALTON 1989

Answer 2

(1989)
ID/hearsay
Kid on phone says Hello Daddy
Unintended purpose
Kid wasn't trying to ID to persons in room
Hearsay allowed

Question 3

RP v Queen (2016)

Answer 3

(2016)
Doli incapax
Must rebut the presumption
Show the child knew it was wrong, not mere naughtiness
Investigate with school, home life, find out what they are taught, history of discipline for previous behaviour etc

Question 4

Mundarra Smith 1999

Answer 4

1999
ID evidence of Police
Must be better than the jury
Spent significant amount of time with person or 
Show change of appearance

Question 5

R v TAHERE (1999)

Answer 5

1999
Line up ID parades
Reasonableness.
Can be done any time up to the eve of the trial

Question 6

Brown and Dunn (1893)

Answer 6

1893
If a party intends to call evidence that contradicts a witness, then you must put that evidence to that witness in the witness box during cross examination

Question 7

R v ADLER (2000)

Answer 7

2000
Voice identification
Police or civilians can be ‘ad hoc’ experts for voice ID, to identify voices or content of what was said from TI or LD

Question 8

R v PLEVAC (1991)

Answer 8

1991
Questioning of suspects
Can ask questions and put allegation to suspect, but must be fair and reasonable. Cannot continue to ask questions after suspect has refused multiple times. Not oppressive questioning.

Question 9

Section 81 Evidence Act

Answer 9

Section 81 - Admissions

Hearsay rule and opinion rule do not apply to admissions

Question 10

Section 82 Evidence Act

Answer 10

Section 82
First hand Hearsay
Given by person who saw, heard or otherwise perceived it or
It is a document in which an admission is made

Question 11

Section 83

Answer 11

Exclusion of admissions against third parties

Question 12

Section 84 Evidence Act

Answer 12

Exclusion of admissions influenced by violence or other conduct

Question 13

Section 85 Evidence Act

Answer 13

Section 85
Evidence of admission not admissible unless it was made in circumstances which make it unlikely the truth was adversely affected

Question 14

Section 86 Evidence Act

Answer 14

Section 86
Records of oral questioning of suspects
Not admissible unless the defendant has acknowledged that the document is a true record

Question 15

Doli incapax

Answer 15

Section 5 of Children (Criminal proceedings) Act - under 10 cannot commit offence
Common law 10-14 does not possess the knowledge to have criminal intent
Rebut presumption
RP v Queen (2016)

Question 16

Public interest immunity

Answer 16

Section 130 Evidence Act - PII
1. Protection of current or future investigations
2. Protection of confidential Police methodology
3. Protection of sources
Outweighed by public interest in preserving secrecy

Question 17

Tendency s97

Answer 17

Section 97 Evidence Act
Focus on person
Inclination to do something 
Evidence of character, reputation or conduct of a person or tendency they had/have 
Significant probative value
Give notice

Question 18

Coincidence

Answer 18

Section 98 Evidence Act
2 or more events that are substantially similar and circumstances they occurred substantially similar
Give notice
Significant probative value

Question 19

Restrictions on T&C

Answer 19

Section 101 Evidence Act

Probative value must outweigh the danger of unfair prejudice to defendant

Question 20

Conspiracy

Answer 20

2 or more
Incomplete act
ACTUS REUS:
Existence - Agreement by 2 or more
Nature - unlawful act
MENS REA:
Intention to participate 

Proven by Direct Evidence (admissions, TI/LD) or 
Circumstantial Evidence (overt acts)

Question 21

s76 Opinion rule exceptions

Answer 21

s50 - summary of voluminous or complex documents
s77 - evidence relevant otherwise than opinion evidence
s78 - Lay opinion
s79- Expert opinion
s81 - Admissions

Question 22

s59 Hearsay exceptions

Answer 22

s60 evidence relevant for non-hearsay purpose
s65 - maker unavailable 
s66 - maker available
s66A - contemporaneous statements about persons health
69 - business records 
70 - tags and labels
71 - electronic communications 
81 - Admissions

Question 23

Lay opinion

Answer 23

Section 78
Direct evidence
ID of individual 
Authorship of handwriting
Apparent age of person 
Speed of vehicle
State of weather
Condition of road/premises
Condition of goods
Sobriety of person
Health or emotional state

Question 24

Expert opinion

Answer 24

Section 79
Opinion rule does not apply to expert evidence that is:
1. Specialised knowledge
2. Based on training, study, experience
3. Opinion given wholly or substantially based on that knowledge

Section 177 certificate must be served showing the above as well as name and address of person

Question 25

Fairness

Answer 25

Sections 135 to 138

135 - discretion to exclude unfairly prejudicial evidence
136 - discretion to limit unfairly prejudicial evidence
137 - court must exclude if unfairly prejudicial
138 - court must exclude if illegally or improperly obtained

If prejudice outweighs probative

Question 26

Section 114

Answer 26

ID parades and crowd scenes 
Unless 
ID parade already held 
Not reasonable to conduct ID parade
Defendant refused ID parade

Question 27

Section 115

Answer 27

ID by pictures
Photos held by Police
Can’t show that ppl are in custody or adversely known to Police ( Rogues gallery)
Can’t show older photos unless appearance has changed

Question 28

Section 116

Answer 28

ID evidence is unreliable

Judge must give direction to jury that there is a special need for caution for ID evidence

Question 29

Admission

Answer 29

Section 81 Evidence Act

Previous representation made by a person who is party to proceedings which is adverse to persons interest in proceedings

Question 30

Prima facie

Answer 30

At first sight or On the face of it
No scrutiny or testing of the evidence has yet occurred
Whether protection has evidence to go toward each element of the charge

Question 31

Relevance

Answer 31

Section 55
Any evidence which, if accepted, could rationally effect, either directly or indirectly, the assessment of a fact in issue in a case

Question 32

Reliable

Answer 32

Section 165 
ID evidence 
Evidence affected by age, health, etc
Witness giving evidence which may incriminate themselves
Prison informer
Unsigned confession 

Judge must warn jury it could be unreliable

Question 33

Section 116

Answer 33

Judge must give direction to jury of special need for caution in accepting ID evidence as it is unreliable

Question 34

Opinion rule exceptions

Answer 34

s50 summaries of voluminous or complex documents
s77 evidence of opinion relevant for purpose otherwise than proof of existence of fact of which opinion expressed
s78 Lay opinions
s79 Expert opinions
s81 Admissions

Question 35

Section 281 Criminal Procedure Act 1986

Answer 35

Admissions by suspects in indictable offences not admissible unless:

• Tape recording was made
• Or reasonable excuse why tape recording wasn’t made

Accused person must be ‘reasonably suspected’ of committing offence

Question 36

Section 89A Special Caution

Answer 36

Special caution s89A
Unfavourable inferences may be drawn if defendant failed or refused to mention a fact that, could have reasonably expected to mention in circumstances and that is relied upon in proceedings.
Must be given in presence of legal practitioner
After consulting with legal practitioner
Given before failure or refusal to mention the fact

Question 37

Section 89

Answer 37

s89 (basic right to silence)
An unfavourable incidence must not be drawn from failing to answer questions or respond to a representation, except under section 89A

Question 38

Spontaneous utterance

Answer 38

R v TAOUK (2005)
Male attended Police station to report disturbance. Stated he shot his brother. Brother had gun. TAOUK took it off him and fired a few shots.

Police officer could not have reasonably suspected the person had committed an offence.

Question 39

Section 139 Evidence Act 1995

Answer 39

Evidence of statement made or act done by person during questioning is improper if person was not cautioned