Module 4 - EVIDENCE Flashcards
A witness to a robbery describes what she did 5 days prior. The evidence would be considered?
Irrelevant
It is desirable that a notebook statement?
- Contains the detail of a typed statement
- Complies with the content of a typed statement
- Complies with the form of a typed statement
A doctor giving evidence in relation to injuries suffered by an assault victim. A mechanic in relation to a vehicles roadworthiness and a handwriting expert in relation to handwriting notes are what sort of opinion?
Expert opinon
Lay Opinion – The court will permit a person who is not testifying as an except to testify in the form of an opinion if the opinion is both rationally based on the person’s perception and helps to explain the witness’s testimony. What section of the Evidence Act 1995 (NSW) is this?
Section 78
The statute of limitations for a Summary offence is generally?
6 months
The court will permit a person to give an opinion on a subject where they have a “Specialised knowledge based on the person’s training, study or experience” and on which opinion is “Wholly or substantially based”. What Act and Section supports this?
Evidence Act 1995 (NSW), Section 79
In the acceptance phase of the PEACE model, the ideal way to obtain information from a willing participant is?
Use the 5WH and TEDS questions
A victim of an assault describes the offence committed upon her. This is an example of?
Direct Evidence
When attending a noise complaint you must take some courses of action in the regards of ceasing the noise. What is relevant legislation you use when dealing with noise complaints?
Protection of the Environment Operations Act 1997 (NSW)
The five phases of PEACE Model are?
• Planning
• Preparation
• Engage
• Explain
• Account
• Closure
• Evaluation
The hierarchy of secondary identification methods in order are?
• Crowd scene
• Picture identification
• In-court Identification
The mnemonic ADVOKAT was created to assess the reliability of evidence given by an eye witness?
True
What is Actus Reus and Mens Reus
AR = Guilty Act
MR = Guilty Mind
Doli incapax definition
Years 10-14 the investigator have to prove that the child knew what they were doing was wrong
Summary Offence equals what court?
Local Court
What are the penalties for Indictable offence and summary offence?
Indictable – High court & penalty
Summary – Max penalty two years (investigate – local court)
Table 1 or table 2 is a higher offence
Table 1
What is Evidence and the four types?
Information to prove or dispute a fact
• Direct Evidence – Supports truth (witness)
• Indirect Evidence – Acts as support
• Inculpatory Evidence – Incriminate (DNA found)
• Exculpatory Evidence – Alibi
What are the types of Evidence?
• Original – Oral testimony of witness
• Real – Physical
• Documentary – Hardcopy, electronic, audio
What are the three basic concepts that will determine the admissibility of evidence?
• Relevance
• Reliability
• Fairness
What are the different ways to establish identification?
• The person is known to witness
• Identification parade
• Picture identification
• Crowd scene
• In-court identification
Define Inference?
Deceiving yourself
What is an Opinion?
• Opinion is an inference from observed and communicable data’ or facts’.
• Opinion is admissible unless it’s a professional opinion
What is hearsay?
Information gathered by word of mouth
