Part 3

Question 1

What is the procedure when alibi witnesses are interviewed? p.88

The O/C case should not interview an alibi witness unless the prosecutor requests them to do so. If an interview is requested, follow this procedure.

Answer 1

1. Advise the defence counsel of the proposed interview and give them a reasonable opportunity to be present.
2. If the accused is not represented, endeavour to ensure the witness is interviewed in the presence of some independent person not being a member of the Police.
3. Make a copy of a witness’s signed statement taken at any such interview available to defence counsel through the prosecutor. Any information that reflects on the credibility of the alibi witness can be withheld under s16(1)(o).

Question 2

If the Defendant intends to call an expert witness during proceedings, what must they disclose to the Prosecution?

Answer 2

• Any brief of evidence to be given or any report provided by that witness, or
• If that brief or any such report is not available, a summary of the evidence to be given and the conclusions of any report to be provided.
• This information must be disclosed at least 14 days before the date fixed for the defendants hearing or trial, or within any further time that the court may allow (s23(1))

Question 3

S181 Concealing dead body of a child:

Answer 3

Everyone is liable to imprisonment for a term not exceeding 2 years,

who disposes of the dead body of any child in any manner with intent to conceal the facts of its birth, whether the child died before, or during, or after birth.

Question 4

What was held in Police v Lavelle?

Answer 4

It is permissible for undercover officers to merely provide the opportunity for someone who is ready and willing to offend,

as long as the officers did not initiate the person’s interest or willingness to so offend.

Question 5

R v Codere

Answer 5

The nature and quality of the act means the physical character of the act.

The phrase does not involve any consideration of the accused’s moral perception nor his knowledge of the moral quality of the act.

Thus a person who is so deluded that he cuts a woman’s throat believing that he is cutting a loaf of bread would not know the nature and quality of his act.

Question 6

R v Kamipeli

Answer 6

It does not have to be shown that the defendant was incapable of forming the mens rea,

merely that, because of their drunken state, they did not have the proper state of mind to be guilty.

Question 7

R v Cottle:

Answer 7

As to degree of proof, it is sufficient if the plea is established to the satisfaction of the jury on a preponderance of probabilities without necessarily excluding all reasonable doubt.

Question 8

Dangerously Ill person

Answer 8

A statement taken from a person who is dangerously ill can be presented as evidence to court if they are dead at the time of the hearing and reasonable assurance of the statement’s reliability can be shown.

Question 9

R v Myatt:

Answer 9

[Before a breach of any Act, regulation or bylaw would be an unlawful act under S160 for the purposes of culpable homicide] it must be an act likely to do harm to the deceased or to some class of persons of whom he was one.

Question 10

DPP v Newbury and Jones outlines a four point test for proving unlawful act for manslaughter.

Answer 10

1. The defendant must intentionally do an act
2. The act must be unlawful
3. The act must be dangerous
4. The act must cause death