Marisha Evidence Act 2006 Flashcards
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
Promises a favour in return for a requested action
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
True
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
Threats degrading treatment or violence to the defendant or any other person
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
Promote the complainants recovery for the alleged offence
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
Tired and unwell no break
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
Repeatedly asks for lawyer interview continues
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
Yes
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
Yes
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
Yes
Evidence is improperly obtained if :
Obtained from an unreliable witness
Obtained from a suspect after arrest
Obtained unfairly or unlawfully
Obtained unfairly or unlawfully
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
False
As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant
True
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
Balance of probabilities
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
Overseas and badly affected
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
True
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
True
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
True
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
Necessary to avoid danger
Importance if right breached
A statement made by a defendant is admissible as evidence against a co defendant in the proceedings
False
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
True
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
True
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
False
As defined by the evidence act a statement is limited to a written or verbal assertion by a person of any matter
False
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
Dies not ensure the suspect really understands his rights
