Marisha Evidence Act 2006

Question 0

Representation refers to the behaviour of the interviewer who:

Promises favour in return for a requested action

Does not advise the suspect if their right to lawyer

Allows the suspect to have a support person in the room

Answer 0

Promises a favour in return for a requested action

Question 1

The judge must exclude a statement when he or she is satisfied on the balance of probabilities that the circumstances in which the statement was given adversely affected it’s realibilty

Answer 1

True

Question 2

Under section 29 evidence act, oppression is defined as:

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

Threats physical pressure or violence to the defendant or their family

Harsh or cruel treatment to the defendant or any tiger person involved

Answer 2

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

Question 3

Under section 103 evidence act when deciding on whether to accept an application to give evidence an alternative way the judge must have regard to where’re the alternative way will:

Mean the best evidence is given in a criminal proceeding

Promote the complainants recovery from the alleged offence

Make the evidence unfairly prejudicial to the proceedings

Answer 3

Promote the complainants recovery for the alleged offence

Question 4

Which of the following scenarios could affect the reliability of a suspect interview record

Sometimes confused when changing her version of events

Informed of the circumstantial evidence already held by police

Tired and clearly unwell but us not offered an interview break

Answer 4

Tired and unwell no break

Question 5

Which of the following scenarios could be an example of an interview record that had been improperly obtained

Repeatedly asks for a lawyer but the interview continues

Is asked to explain (challenged) about his different version of events

Declines the support of an interpreter although one us present

Answer 5

Repeatedly asks for lawyer interview continues

Question 6

The judge may rule a defendants statement in admissible if he decides it’s contents is likely to be unreliable

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

Affected by drugs or alcohol at the time if the interview

Answer 6

Yes

Question 7

The judge may rule a defendants statement in admissible if he decides it’s contents is likely to be unreliable

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

Confused by the interviewers rhetorical questioning

Answer 7

Yes

Question 8

The judge may rule a defendants statement in admissible if he decides it’s contents is likely to be unreliable

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

Promised a court outcome in return for information

Answer 8

Yes

Question 9

Evidence is improperly obtained if :

Obtained from an unreliable witness

Obtained from a suspect after arrest

Obtained unfairly or unlawfully

Answer 9

Obtained unfairly or unlawfully

Question 10

An application for the alternative way of presenting evidence may only be made if the witness is a child, victim of sexual assault or a member if their family

Answer 10

False

Question 11

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

Answer 11

True

Question 12

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

Probable cause

Beyond reasonable doubt

Balance of probabilities

Answer 12

Balance of probabilities

Question 13

Grant is a 38 yr old who witnessed a stabbing in the bar. He was a bystander and has no relationship to the victim or suspect.

Which two reasons could be given to support an application for the video record of his interview to be played as his evidence in chief.

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

Grant says he has been badly effected by the event and can’t sleep

Grants interview record contains a graphic description of the incident

Answer 13

Overseas and badly affected

Question 14

Jane is a complainant of repeat sexual abuse by her father over the past 15 yrs.

An application can be made for janes video recorded interview with police to be played as her evidence in chief on the grounds of:

Relationship between complainant and defendant

Answer 14

True

Question 15

Jane is a complainant of repeat sexual abuse by her father over the past 15 yrs.

An application can be made for janes video recorded interview with police to be played as her evidence in chief on the grounds

Sexual nature it father alleged ongoing offending

Answer 15

True

Question 16

Jane is a complainant of repeat sexual abuse by her father over the past 15 yrs.

An application can be made for janes video recorded interview with police to be played as her evidence in chief on the grounds

Trauma jane has suffered over 15 years

Answer 16

True

Question 17

When deciding whether evidence was improbably obtained which if the following considerations will the judge make

Whether the impropriety was necessary to avoid physical danger to the police or others

The role of the defendants conduct instigating the breach of their rights

The importance of any right breached and the seriousness of the intrusion of it

Answer 17

Necessary to avoid danger

Importance if right breached

Question 18

A statement made by a defendant is admissible as evidence against a co defendant in the proceedings

Answer 18

False

Question 19

Consider the statement below and decide whether that are true or false

When deciding whether to exclude a statement the judge must consider

Pertinent characteristics of the defendant any mental intellectual or physical disability

Answer 19

True

Question 20

Consider the statement below and decide whether that are true or false

When deciding whether to exclude a statement the judge must consider

Physical mental or psychological condition of the defendant when the statement was made

Answer 20

True

Question 21

Consider the statement below and decide whether that are true or false

When deciding whether to exclude a statement the judge must consider

Number of questions put the defendant to the defendant about the offence for which they were arrested

Answer 21

False

Question 22

As defined by the evidence act a statement is limited to a written or verbal assertion by a person of any matter

Answer 22

False

Question 23

Which of the following scenarios could be an example of evidence that had been improperly obtained

Does not ensure the suspect really understands his rights

Questions persistently when the suspect changes his story

Takes many breaks throughout a lengthy period of interview

Answer 23

Dies not ensure the suspect really understands his rights

Question 24

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

Answer 24

False

Question 25

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

Probable cause

Balance of probabilities

Beyond reasonable doubt

Answer 25

Beyond reasonable doubt