Mixed Questions

Question 1

A witness is not compellable if they are which of the following:
1) The spouse of the defendant in a domestic matter
2) The Governor-General
3) The Sovereign or Head of State of a foreign country
4) The serving Prime Minister of New Zealand
5) A Judge in respect of their conduct as a Judge

a) 1, 2 or 3 only
b) 2 or 3 only
c) 2, 3 or 5 only
d) Any of the above

Answer 1

c) 2, 3 or 5 only

Question 2

Which of the following offences requires corroboration?

a) Rape
b) False oaths
c) Blackmail
d) Deception

Answer 2

b) False oaths

Question 3

When is evidence deemed to be admissible?

a) It is legally able to be received by the Courts
b) It is relevant to the party introducing it
c) Both prosecution and defence agree to it being introduced

Answer 3

a) It is legally able to be received by the Courts

Question 4

Which of the following is always a hostile witness?

a) A witness refusing to answer questions
b) A witness giving difference evidence than expected
c) A witness displaying anger toward the party calling them

Answer 4

a) A witness refusing to answer questions

Question 5

Previous consistent statements are…

a) Never admissible in a proceeding
b) Admissible as evidence of prior identification
c) Admissible to respond to a challenge to a witness’ veracity or accuracy

Answer 5

c) Admissible to respond to a challenge to a witness’ veracity or accuracy

Question 6

Opinion evidence is admissible if…

a) The fact finder is likely to obtain substantial help etc
b) It is within the common knowledge of the Jury and helps them make a determination
c) It is not about the ultimate issue to be argued in the proceeding

Answer 6

a) The fact finder is likely to obtain substantial help etc

Question 7

Circumstantial evidence has been defined as:
a) A fact always in issue that needs to be proved
b) A fact that directly or indirectly tends to prove or disprove a fact in issue
c) A fact that by inference can prove another fact in issue
d) A fact that is admissible in evidence if it can be legally received by the court

Answer 7

c) A fact that by inference can prove another fact in issue

Question 8

A witness is eligible to give evidence if:
a) They can be required to give evidence against their will for the prosecution
b) They are not married to the defendant
c) They are lawfully able to give evidence on behalf of both prosecution and defence
d) They can be required to give evidence against their will for the defence

Answer 8

c) They are lawfully able to give evidence on behalf of both prosecution and defence

Question 9

An oath or affirmation may be taken by:
a) All witnesses involved in a proceeding
b) Only witnessess under 65 years of age involved in a proceeding
c) Any witness 16 years and over involved in a proceeding
d) Any witness 12 years and over involved in a proceeding

Answer 9

d) Any witness 12 years and over involved in a proceeding

Question 10

Where an expert is called to give specialised evidence:
a) The Judge may take judicial notice of the expert’s qualifications
b) The Judge may take judicial notice of the expert’s qualifications only where the witness has appeared before them previously
c) The expert must demonstrate to the court that he/she has the qualifications to be deemed an expert
d) The expert must prove that he/she acquired their specialised knowledge professionally

Answer 10

c) The expert must demonstrate to the court that he/she has the qualifications to be deemed an expert

Question 11

Briefly explain what a “voir dire” is

Answer 11

A voir dire is:
* A hearing where evidence is given by a witness to prove the facts necessary for deciding whether some other evidence should be admitted in a proceeding.
* It is conducted without a jury being present

Question 12

Explain what is meant by “burden of proof”.

Answer 12

• Whoever asserts something must prove it
• In criminal cases, the burden of proof is on the Crown, i.e. the prosecutor must prove the accused guilty rather than the accused person prove their innocence. All that a defendant needs to do is raise a doubt as to their guilt.
• In a criminal case, the prosecution must prove every essential ingredient of the offence beyond a reasonable doubt.

Question 13

List four categories of privilege.

Answer 13

• Privilege against self-incrimination
• Marital privilege
• Professional confidences
• Public policy
• Police informants

Question 14

What is the definition of a hearsay statement?

Answer 14

A statement that -
* Was made by a person other than a witness; and
* Is offered in evidence at the proceeding to prove the truth of its contents

Question 15

Before giving evidence in court, witnesses may refresh their memory from…
a) Their original statement
b) Their deposition
c) Either of the above
d) None of the above

Answer 15

c) Either of the above

Question 16

Which of these statements is correct regarding the eligibility and compellability of a witness in a proceeding?
a) Any person who is eligible to give evidence is compellable
b) A married person whilst eligible is not compellable to give evidence against their spouse
c) Any person who is eligible may not be compellable
d) A 12-year-old child is eligible but not compellable to give evidence in a proceeding

Answer 16

a) Any person who is eligible to give evidence is compellable

Question 17

A presumption of law:
a) Is always rebuttable
b) May be rebuttable or irrebuttable
c) Is always rebuttable or irrebuttable
d) May be subject to judicial notice

Answer 17

b) May be rebuttable or irrebuttable

Question 18

In relation to privilege of medical practitioners, “protected communication” refers to communication made by the patient to the doctor for him/her to examine, treat or act for the patient:
1) Who is suffering for a drug dependency
2) Who has any other condition or behaviour that manifests itself in criminal conduct
3) Who has provided information concerning their family
4) Who is suffering from a mental illness

a) 1 only is correct
b) 2 and 3 are correct
c) 3 and 4 are correct
d) 1 and 2 are correct

Answer 18

d) 1 and 2 are correct

Question 19

It is not necessary in court to prove “uncontroverted facts.” These are admitted:
a) By judicial notice
b) As presumptions of fact
c) As admissions for the purpose of trial
d) As presumptions of law

Answer 19

a) By judicial notice

Question 20

Section 25 of the Evidence Act 2006 governs the admissibility of expert evidence. If the evidence lead is opinion evidence, then in order to comply with section 25, the opinion must…
a) Be that of an “expert”
b) Comprise “expert evidence”
c) Offer substantial help to the fact-finder in understanding other evidence of ascertaining any fact in the proceeding
d) All of the above

Answer 20

d) All of the above

Question 21

The fundamental principle in criminal law is the presumption of innocence and that the burden of proof lies with the prosecution. What is the exception to this rule?

Answer 21

There are exceptions to the general principle, which means that in soem cases the burden of proof reverses and falls on the defendant:

• Where there exist specific statutory exceptions

Question 22

The fundamental condition for the admissibility of evidence is that it must be relevant. What is the two prong test of relevance? Describe each prong.

Answer 22

Materiality and probativeness

• Materiality asks whether the evidence is offered on a matter of fact at issue in the case of consequence to the determination of the proceeding - s7(3)
• Probativeness asks whether the evidence has a logical “tendency to prove or disprove” the material proposition on which it is offered - s7(3)