Multi Qs

Question 1

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

Answer 1

on the balance of probabilities

Question 2

Circumstantial evidence has been defined as:

Answer 2

a fact that by inference can prove another fact in issue

Question 3

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

Answer 3

1, 2 and 4 only are correct

Question 4

What is the meaning of veracity?

Answer 4

a disposition to refrain from lying

Question 5

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

Answer 5

Elicit testimony that supports the case of the party calling that witness

Question 6

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

Answer 6

false oaths

Question 7

A witness is eligible to give evidence if:

Answer 7

they are lawfully able to give evidence on behalf of both prosecution and defence

Question 8

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

Answer 8

the date of birth of a complainant under 16

Question 9

An oath and affirmation may be taken by:

Answer 9

any witness 12 years and over involved in a proceeding

Question 10

Where an expert is called to give specialised evidence:

Answer 10

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

Question 11

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

Answer 11

a. Their original statement
b. Their deposition
c. Either of the above

Question 12

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

Answer 12

Any person who is eligible to give evidence is compellable

Question 13

A person is unavailable as a witness when:

Answer 13

The person is overseas and can’t be contacted

Question 14

A presumption of law:

Answer 14

May be rebuttable or irrebuttable

Question 15

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

Answer 15

Your honour or Sir/Ma’am

Question 16

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

Answer 16

The probative value of the evidence outweighs its prejudicial effect

Question 17

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

Answer 17

1 and 2 are correct

Question 18

A witness is deemed to be hostile when:

Answer 18

Refuses to answer questions or deliberately withholds information

Question 19

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

Answer 19

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 the section 25 the opinion must…

Answer 20

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

Question 21

The court has discretion to include propensity evidence against a defendant, if:

Answer 21

The probative value of the evidence outweighs its prejudicial effect

Question 22

Circumstantial evidence has been defined as:

Answer 22

A fact that by inference can prove another fact in issue

Question 23

What is the general rule in relation to ‘establishing facts?’

Answer 23

All facts in issue and facts relevant to the issue must be proved by evidence

Question 24

It is not necessary in court to prove facts such as ‘the season of summer in New Zealand is over the period of December to February”, these facts are admitted as

Answer 24

Judicial notice