MCQs 51-100 Flashcards
- Alice is charged with a summary offence and an indictable offence. She is sent forward for trial in the Circuit Court. The indictment contains both offences. She asks whether this is permissible. Which of the following is the correct advice?
A. The indictment may include a count in respect of any summary offence provided the accused has been charged with it.
B. The indictment may include a count in respect of a summary offence provided the accused has been charged with it and it arises out of the same set of facts as the indictable offence on the indictment.
C. The indictment cannot contain a summary offence as summary offences must be tried in the District Court.
D. The indictment may include a count in respect of a summary offence provided the accused has been charged with it and it is not an offence of strict liability.
B. The indictment may include a count in respect of a summary offence p
- Which of the following statements regarding the powers of the Court of Criminal Appeal (“the Court”) is/are correct?
(i) Even if an appellant succeeds on a ground of appeal, the Court has discretion to dismiss the appeal and affirm the conviction if it considers that no miscarriage of justice has actually occurred.
(ii) If the Court quashes a conviction it may order a retrial for the same offence.
A. (i) Only
B. (ii) Only
C. Both (i) and (ii)
D. Neither (i) nor (ii) are correct
C. Both (i) and (ii)
- Your client is shocked when, during his trial in the Circuit Court, the prosecution serve two additional statements of evidence. One is a further statement of an existing witness, and the other is from a witness hitherto not listed as a witness. He asks whether these statements can be admitted. Which of the following is the correct advice?
A. Both statements may be admitted on certain provisos.
B. Neither statement can be admitted as the trial has begun
C. The statement of the existing witness may be admitted on certain provisos, but the statement relating to the witness who is not listed as a witness cannot.
D. The statements cannot be admitted as they were not in the Book of Evidence.
A. Both statements may be admitted on certain
- Your clients case hinges strongly on identification evidence. The defence go to great lengths to point out the weaknesses of the identification evidence in their closing speech to the jury. When charging the jury, which of the proposed courses of action below would be the appropriate course for the judge to take?
A. Read the required formula directly from the passage in People(AG) v Casey(No.2) [1963] IR33 taking care not to vary the warning according to the facts of the instant case.
B. Make no reference to the issue where the Defence have dealt adequately with it in their closing.
C. Follow the guidance in People(AG) v Casey(No 2) [1963] IR 33 being mindful that the formula set out is not meant to be a stereotyped formula and its weight and content should vary according to the facts of each case.
D. Point out to the jury that without corroborating video evidence, identification evidence should be disregarded.
C. Follow the guidance in People(AG) v Casey(No 2) [1963] IR 33 being m
- Jennifer and Michael are divorced. Michael is being prosecuted for assaulting Jennifer (under section 3 of the Non-Fatal Offences Against the Person Act 1997) while the marriage subsisted. Is Jennifer competent and/or compellable on behalf of the prosecution?
A. Jennifer is competent and compellable.
B. Jennifer is neither competent nor compellable.
C. Jennifer is competent but not compellable.
D. Jennifer is compellable but not competent.
A. Jennifer is competent and compellable.
- Daniel is charged with assault contrary to s.2 of the Non-fatal Offences Against the Person Act 1997. This is the second time the matter has come before the court and Daniel is on bail. He fully accepts responsibility for the assault and wishes to plead guilty.
Today, Daniel entered a plea of guilty and as he has no previous convictions, the judge agreed to have the matter put back for the preparation of a probation and welfare report. It is indicated to the court that this will take six to eight weeks to prepare.
The Judge then states that the matter will have to be listed before that, as he cannot remand a criminal matter for longer than 4 weeks. However, Daniel has told you in consultation that he cannot afford to miss more days from work than is completely necessary. Which of the following is the correct course of action?
A. You should explain to the Judge that in the circumstances, there is no statutory limit to the remand period and the matter can be adjourned for a period of 6 weeks where both the accused and the prosecutor consent.
B. You should outline the situation with Daniel’s employment to the Judge and ask that Daniel’s appearance may be excused on the next occasion.
C. You should agree to a remand date in 4 weeks’ time and tell Daniel that he will just have to attend court on the next date as there is nothing that you can do about his job difficulties.
D. You should agree to the remand date in 4 weeks’ time and tell Daniel that as he will be at work that there is no need for him to attend court on that date and that you will explain the situation on that day to the Judge.
A. You should explain to the Judge that in the circumstances, there is n
- Where the Defendant is refused legal aid in the District Court, which of the following is the appropriate method of appeal?
A. To appeal to the Circuit Court.
B. To appeal to a different District Court Judge.
C. To Judicially Review the decision of the District Court Judge to refuse legal aid.
D. To appeal to the Court of Criminal Appeal.
C. To Judicially Review the decision of the District Court Judge to ref
- You are acting on behalf of Sam who is charged with a number of Road Traffic Offences in the District Court and who has advised you that he accepts he committed the offences and therefore will plead guilty. Before your case is called, you find out that the prosecuting Garda is not in court and there does not appear to be anyone to deal with your case. When the case is called, what is the appropriate action to take?
A. Apply to have the matter struck out.
B. Apply to have the matter dismissed.
C. Apply for an adjournment
D. Tell your client that, since he has informed you he is guilty, if he does not want to enter a guilty plea today you will have to withdraw from the case, and he will have to seek alternative representation.
B. Apply to have the matter dismissed.
- Jennifer has been charged with a number of offences under the Misuse of Drugs Act 1977 and 1984 as amended, including a charge contrary to s.15A of that Act. The first time she appeared before the District Court on these charges was 6 weeks ago. The case is listed in the District Court today so that the matter can be sent forward to the Circuit Court. The State has indicated that there has been some difficulty in getting the Book of evidence together as the investigating Garda was on leave, but that at this stage it is all sorted out and the Book will be ready to be served in two weeks’ time. The prosecution seek an extension of time for service of the Book of Evidence. Which of the following is correct?
A. The Judge must dismiss the proceedings for want of prosecution.
B. The Judge has a discretion to extend time for service of the Book of Evidence.
C. The Judge must extend time for service of the book of evidence due to the seriousness of the offences.
D. The Judge can proceed to the hearing and send the matter forward since the book of evidence can be served after the matter has been sent forward.
B. The Judge has a discretion to extend time for service of the Book of
- Justin, who has no previous convictions, was charged with assault contrary to s.3 of the Non-Fatal Offences Against the Person Act 1997. In the District Court, the Garda applied to have Justin remanded in custody. His reasons for objecting to bail were the seriousness of the charge and also that the offence arose out of a stabbing incident that occurred between two rival gangs engaged in a turf war. He feared that if Justin was released, “witnesses” might be intimidated although he did not specify any particular witnesses. The Judge refused bail stating that the question to be asked here was “whether the accused was going to go out and assault someone again?” The solicitor who acted for Justin at the bail hearing now asks for your advice and he informs you that there was no objection pursuant to s.2 of the Bail Act 1997 raised at the time of the bail hearing. What advice should you give?
A. Unfortunately, there is no option open to Justin here; the evidence of the Garda was admissible as evidence relating to the background of the case and therefore the District Court Judge did not act in excess of his jurisdiction when he refused bail. Furthermore, there were no procedural deficiencies that had the effect of invalidating any of the essential steps in the proceedings.
B. The only course of action here is to appeal the decision of the Judge to refuse bail to the Circuit Court.
C. The only course of action here is to see Judicial Review of the decision of the Judge to refuse bail.
D. It appears that the procedural and other deficiencies with regard to the bail hearing are such as to invalidate essential steps in the proceedings. This would make Justin’s detention illegal and therefore, it would be appropriate to make an article 40 application for Justin’s immediate release.
D. It appears that the procedural and other deficiencies with regard to
- The statutory period within which a Book of Evidence should be served is:
A. 42 days of the accused’s first appearance in court.
B. 42 days of the matter being sent forward
C. 42 days of the charge being preferred against the accused.
D. 42 days of the commission of the offence.
A. 42 days of the accused’s first appearance in court.
identification based on recognition, the position in Ireland per People (DPP) v Stafford [1983] IR165 is:
A. A Casey direction is not required as in cases of recognition the question becomes one of veracity and not identification.
B. A Casey direction is not required as recognition evidence is more reliable than other types of identification evidence.
C. A Casey direction is not required in cases of identification based on recognition unless only one witness recognises the accused and there is no supporting evidence.
D. A Casey direction is required in all cases of identification by recognition.
D. A Casey direction is required in all cases of identification by recog
- Jane is just over 7 years old. When she was 6 and a half she set fire to a chair in the janitor’s room in her school. The fire got out of control and the janitor’s room and 3 classrooms were completely gutted. She has been charged with criminal damage and is due in Court next week. Which of the following is correct?
A. Because Jane is over the age of 7 but under the age of 14, the prosecution will have to prove that she has sufficient capacity to commit the crime before the case can go ahead.
B. Because Jane is over the age of 7 but under the age of 14, unless the Defence can prove that she does not have sufficient capacity to commit the crime, the case will go ahead.
C. Because Jane was under the age of 7 at the time of the offence she is not considered to have sufficient capacity to commit an offence in law and therefore she is not in danger of a conviction.
D. Because Jane was under the age of 7 at the time of the offence the Prosecution will have to prove that she has sufficient capacity to commit the crime before the case can go ahead.
C. Because Jane was under the age of 7 at the time of the offence she is
- You get a call from a solicitor who refers to a case you dealt with on his behalf two and a half weeks ago. You remember that the client pleaded guilty to a number of road traffic offences and received a 3-month sentence. The Judge also set recognisances in the event of an appeal. You remember that you had advised the client to appeal the sentence however the client said that he would rather just get on and serve the sentence and did not want the stress of an appeal.
The solicitor now tells you that yesterday the client received a letter from his girlfriend which has made him change his mind and now he wishes to enter an appeal against the severity of the 3-month sentence. Which of the following is the correct advice?
A. The time limit for serving a notice of appeal is 21 days from the District Court Order, therefore this should be done as soon as possible.
B. The time limit for lodging an appeal is 14 days from the District Court order which means that the client is now out of time. An application should be made to the District Court to have the time within which to lodge an appeal extended. This must be made by notice of motion, which must be served on every party directly affected by the appeal and should be done as soon as possible.
C. The time limit for lodging an appeal is 14 days from the District Court order which means that the client is now out of time. An application should be made to the District Court to have the time within which to lodge an appeal extended. Due to the urgency of the case, as the client is in custody, the application can be made ex parte and therefore this should be done as soon as possible.
D. The time limit for lodging an appeal is 14 days from the District Court order which means that the client is now out of time. Although it is normally possible to apply for an extension of time, it will not be possible in this case since it was confirmed in People v Kelly [1982] IRLM 1 and is now settled law that an applicant wishing to extend time must establish both that he had formed a bona fide intention to appeal within the time limit and that there was an existence of something like mistake – the client can establish neither of these.
B. The time limit for lodging an appeal is 14 days from the District Cou
- Amanda pleaded guilty in the District Court to a number of theft offences occurring over a number of moths, contrary to s.4 Criminal Justice (Theft and Fraud Offences) Act 2001. She was then sentenced to a total of 22 months imprisonment. Although Amanda has a number of previous convictions for similar offences, in recent months she has made concerted efforts to address her serious heroin addiction and you feel that the Judge has failed to attach enough wright to this fact as well as the fact that there was a plea of guilty.
You advise Amanda that it is possible to appeal to the Circuit Court against the severity of the sentence and you feel that on appeal there is a possibility that the sentence could be reduced. Which of the following additional advice is correct?
A. That the maximum sentence the Circuit Court Judge could impose on appeal is 24 months.
B. That the maximum sentence the Circuit Court Judge could impose on appeal is 5 years as Amanda has been charged with offences that can be dealt with either summarily or on indictment.
C. That if Amanda is unsuccessful on appeal, there is a further right of appeal which lies from the Circuit Court to the Court of Criminal Appeal.
D. That as the appeal to the Circuit Court is a de novo appeal, it is not possible to appeal against the severity of sentence only. Therefore it will be necessary to have a full re-hearing of the case on an appeal.
A. That the maximum sentence the Circuit Court Judge could impose on app
- An offence of possession of drugs with intent to supply contrary to s.15A of the Misuse of Drugs Act, 1977 (as amended) attracts:
A. A mandatory sentence of life imprisonment.
B. A mandatory sentence of 10 years imprisonment
C. A minimum mandatory sentence of 10 years imprisonment.
D. A maximum sentence of 10 years imprisonment
C. A minimum mandatory sentence of 10 years imprisonment.
- Your client has been served with a Book of Evidence and has instructed you to seek to have two of the three charges against him dismissed under s.4E of the Criminal Procedure Act, 1967 as amended. In the course of your application, the Judge asks you firstly whether there is any guidance in section 4E as to the applicable standard to dismiss and secondly whether you are entitled to challenge two of the three charges as opposed to all three. Which of the following is the correct reply?
A. Firstly, under s.4E(4) the standard to dismiss is “if it appears to the trial court that there is not a sufficient case to put the accused on trial…” Secondly, the accused is entitled to challenge two of the three charges.
B. Firstly, under s.4E(4) the standard to dismiss is “if it appears to the trial court that there is no case on the balance of probabilities to put the accused on trial…” Secondly, the accused is entitled to challenge two of the three charges.
C. Firstly, under s.4E(4) the standard to dismiss is “if it appears to the trial court that there is not a sufficient case to put the accused on trial…” Secondly, the accused is entitled to challenge two of the three charges and must challenge all three.
D. Firstly, under s.4E(4) the standard to dismiss is “if it appears to the trial court that there is no case beyond a reasonable doubt to put the accused on trial…” Secondly, the accused is entitled to challenge two of the three charges.
A. Firstly, under s.4E(4) the standard to dismiss is “if it appears to
A. Firstly, under s.4E(4) the standard to dismiss is “if it appears to the trial court that there is not a sufficient case to put the accused on trial…” Secondly, the accused is entitled to challenge two of the three charges.
(i) Offences listed in the first schedule of the Criminal Justice Act 1951 as amended by the Criminal Justice (Miscellaneous Provisions) Act 1997.
(ii) All offences created by statute where the statutes states punishment (a) on summary conviction and (b) on indictment.
A. (i) only
B. (ii) only
C. Both (i) and (ii)
D. Neither (i) nor (ii)
A. (i) only
- Cormac, who is being prosecuted by the local authority in the District Court for breaches of the Waste Management Act 1996 as amended, has his first court date coming up in the next week. Your instructing solicitor, who is familiar with the Act, is of the view that the local authority has incorrectly interpreted the relevant sections in the Act, and he asks your advice as to the best way to challenge the authority’s interpretation. Which of the following is the correct advice?
A. An application could be made to the District Court Judge, before he makes a finding on guilt or innocence, to state a point of law to the High Court with respect to the interpretation of the particular section. However, you also advise that this would have the effect of removing Cormac’s right of appeal to the Circuit Court.
B. An application could be made to the District Court Judge, before he makes a finding on guilt or innocence, to state a point of law to the High Court with respect to the interpretation of the particular section. You also advise that this would not affect Cormac’s right of appeal to the Circuit Court.
C. Decisions regarding the interpretation of legislation in criminal cases can only be made by the Court of Criminal Appeal and therefore Cormac will have to fight the case on the facts in the District Court. However, if he is found guilty, he can then appeal to the Court of Criminal Appeal which will be able to consider the interpretation of the legislation.
D. Cormac has no alternative but to fight the prosecution in the district Court on the merits. If he is found guilty he can appeal to the Circuit Court on a point of law regarding the interpretation of the Act.
B. An application could be made to the District Court Judge, before he
