Multi-Choice

Question 1

1. Where the onus falls on the defence to prove a particular element, the standard of proof required is:

Answer 1

A. on the balance of probabilities
b. no more than to raise a doubt
c. beyond reasonable doubt
d. beyond a shadow of a doubt

Question 2

2. Circumstantial evidence has been defined as:

Answer 2

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

Question 3

3. Once the judge has granted an application to treat a witness as hostile, that witness may be:

Answer 3

1. asked leading questions
2. questions as to prior inconsistent statements
3. asked any question whatsoever whether relevant to the matter under inquiry or not
4. tested on such matters as the accuracy of his/her memory and perception

a. 1,2,3, and 4 are correct
b. 1,2 and 3 only are correct
c. 1 and 2 are correct
D. 1, 2 and 4 only are correct

Question 4

4. What is the meaning of veracity?

Answer 4

a. a tendency to act in a particular way
B. a disposition to refrain from lying
c. the ability to record a statement accurately
d. a tendency to exaggerate facts

Question 5

5. The general purpose of the examination-in-chief is to:

Answer 5

a. Weaken, qualify or destroy the opponents case
B. Elicit testimony that supports the case of the party calling that witness
c. Elicit new facts arising out of the cross-examination of the defence witnesses
d. Establish the prosecution case through the defence witnesses

Question 6

6. Corroboration of a complainants statement is not necessary in a criminal proceeding except for the following offence:

Answer 6

a. sexual violation by rape
B. false oaths
c. blackmail
d. deception

Question 7

7. A witness is eligible to give evidence if:

Answer 7

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

Question 8

8. Which is not an example where judicial notice can be taken?

Answer 8

a. the date of birth of a complainant under 16
b. Unknown
c. Unknown
d. Unknown

Question 9

9. An oath and affirmation may be taken by:

Answer 9

a. all witnesses involved in a proceeding
b. only witness 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

Question 10

10. Where an expert is called to give specialised evidence:

Answer 10

a. the judge may take judicial notice of the experts qualifications
b. the judge may take judicial notice of the experts 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

Question 11

1. What did the case Woolmington v DPP establish in relation to the presumption of innocence?

Answer 11

The fundamental principle in criminal law is the presumption of innocence, known as the “Woolmington principle”. This principle establishes that, subject to specific statutory exceptions, the burden of proof lies clearly with the prosecution in relation to all of the elements of the offence

Question 12

2. Define a hostile witness pursuant to Section 4 of the Evidence Act 2006

Answer 12

• exhibits, or appears to exhibit, a lack of veracity when giving evidence unfavourable to the party who called the witness on a matter about which the witness may reasonably be supposed to have knowledge; or
• gives evidence that is inconsistent with a statement made by that witness in a manner that exhibits, or appears to exhibit, an intention to be unhelpful to the party who called the witness; or
• refuses to answer questions or deliberately withholds evidence

Question 13

3. What four fundamental principles of evidence law do the court need to consider in deciding whether evidence is admissible?

Answer 13

• Relevance
• Reliability
• Unfairness
• Public Interest

Question 14

4. (a) What is a leading question? (b) What is the general rule in relation to leading questions?

Answer 14

(a) a leading question as one that directly or indirectly suggests a particular answer to the question
(b) The general rule is that leading questions may not be asked during examination-in-chief or re-examination

Question 15

5. Briefly explain what a “voir dire” is

Answer 15

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 16

6. Define the following terms:
   (a) Witness
   (b) facts in issue

Answer 16

Witness: This is a person who gives evidence and is able to be cross-examined in a proceeding. This includes a person who is actively engaged in the process of giving evidence, and may also include a person who has previously given evidence in the proceeding. For a limited number of provisions in the Evidence Act 2006

Facts in Issue: are those which the prosecution must prove in order to establish the elements of the offence or those which the defendant must prove in order to succeed with a defence in respect of which he or she carries the burden of proof.

Question 17

7. Explain what is meant by “burden of proof”

Answer 17

Burden of proof means:
* Whoever asserts something must prove it
* In criminal cases the burden of proof is on the Crown, ie the prosecutor must prove the accused guilty rather that the accused person prove their innocence. All that a defendant needs to do is to 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 18

8. What does “propensity evidence” mean?

Answer 18

Propensity evidence is evidence about a person’s propensity to act in a particular way or have a particular state of mind, and includes evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved.

Question 19

9. List four categories of privilege

Answer 19

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

Question 20

10. What is the definition of a hearsay statement?

Answer 20

A statement that –
(a) was made by a person other than a witness; and
(b) is offered in evidence at the proceeding to prove the truth of its contents”

Question 21

1. Before giving evidence in court, witnesses may refresh their memory from:

Answer 21

a. Their original statement
b. Their deposition
C. Either of the above
d. None of the above

Question 22

2. Which of these statements is correct regarding the eligibility and compellability of a witness in a proceeding?

Answer 22

A. Any person who is eligible to give evidence is compellable
b. a married person whilst eligible is not compelled 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

Question 23

3. A person is unavailable as a witness when:

Answer 23

A. The person is overseas and can’t be contacted
b. The person was not at work when the police went to pick the person up
c. The phone number used to contact the person is no longer in service
d. The person refuses to go to court

Question 24

4. A presumption of law:

Answer 24

a. Is always rebuttable
B. May be rebuttable or irrebuttable
c. Is always rebuttable or irrebuttable
d. May be subject to judicial notice

Question 25

5. When giving evidence in court, you should address the judge as:

Answer 25

a. Your worship
b. Using the judges title and surname, e.g. Judge Smith
C. Your honour or Sir/Ma’am
d. Your worship or Sir/Ma’am

Question 26

6. The Court has a discretion to include propensity evidence against a defendant, if:

Answer 26

a. The prejudicial effect of the evidence outweighs its probative value
b. It shows that the accused is of a criminal disposition and so more likely to have committed the crime
c. It will dispose the jury against the accused
D. The probative value of the evidence outweighs its prejudicial effect

Question 27

7. 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:

Answer 27

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

Question 28

8. A witness is deemed to be hostile when:

Answer 28

a. They give different evidence from what is expected
B. Refuses to answer questions or deliberately withholds information
c. They are an “unfavourable witness” to the party calling them
d. The prosecution provides grounds for disbelieving the witnesses current testimony

Question 29

9. It is not necessary in court to prove “uncontroverted facts.” These are admitted as:

Answer 29

A. Judicial notice
b. Presumptions of fact
c. Admissions for the purpose of trial
d. Presumptions of law

Question 30

10. 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 the section 25 the opinion must…

Answer 30

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