PEP 64 Week 7

Question 1

Who answers the question as to the question of law in the voiire dire?

Answer 1

Magistrate

Question 2

What should the Magistrate do in the hearing proper with a submission of the defence in the voire dire

Answer 2

disregard it

Question 3

DPP v ZHANG 5 principles of the voire dire

Answer 3

1. granting of voire dire is a discretion, not a right.
2. party seeking vore dire must satisfy Magistrate that there are reasonable grounds and identify the issues.
3. Specification of issues is important to allow objections to be taken and considered on relevance.
4. Need to Magistrate to identify with precision the material which is objected to and the basis for objection.
5. Magistrate must rule on the admissibility of the evidence.
   ie:
6. Discretion not right
7. reasonable grounds identify issues
8. specification of issues allows for objections
9. Magistrate identifies with precision what is objected and the grounds.
10. Magistrate rule on admissability.

Question 4

3 preliminary questions regarding voire dire

s.189 evidence act

Answer 4

1. Admisibility of evidence
2. whether evidence is used against a person
3. whether a witness is competent or compellable

Question 5

What are the three general discretion the court can use to exclude evidence? (and what section)

Answer 5

Evidence act s.135
Exclude evidence if:
(a) be unfairly prejudicial to a party, or
(b) be misleading or confusing, or
(c) cause or result in undue waste of time.

Question 6

Define what evidence is unfairly prejudicial. cite authority.

Answer 6

Not unfairly prejudicial just because it is more likely to convict. Risk is it is unfairly used. Papakosmos

Question 7

What is the authority for probative value?

Answer 7

R v Shamouil [2006]

Question 8

At the conclusion of a voire dire regards admissions, where do I find where improperly, etc is defined

Answer 8

s.138
Evidence that was obtained—
(a) improperly or in contravention of an Australian law, or
(b) in consequence of an impropriety or of a contravention of an Australian law,
is not to be admitted unless the desirability of admitting the evidence outweighs the undesirability of admitting evidence that has been obtained in the way in which the evidence was obtained.

Question 9

3 steps to prove guilt with circumstantial evidence

Answer 9

• basic fact (individual piece of evidence)
• Intermediate fact (single or combination of facts)
• ultimate inference of guilt (proof beyond reasonable doubt)

Question 10

strands
Links in the chain case law

Answer 10

Peacock v the King
Shepherd v the Queen

Question 11

Know 4 circumstantial case law

Answer 11

BARCA
BADEN CLAY
CHAMBERLAIN
DAWSON

Question 12

How do you ultimately convict with circumstantial evidence.

Answer 12

No other reasonable hypothesis than guilt of the accused (PEACOCK)

Question 13

Difference between circumstantial and direct evidence

Answer 13

Direct = directly proves a fact in issue.
Circumstantial can be an inference

Question 14

Requirements for accessory before the fact

Answer 14

Knew about the plans prior

Question 15

Joint criminal enterprise for someone to be liable for extended joint criminal enterprise, what is the test?

Answer 15

Joint criminal enterprise = agreement and participation.
extended joint criminal enterprise = foresaw (or should have foreseen) the possibility of the extra criminal act even if not planned.

Question 16

What is an innocent agent?

Answer 16

No idea was participating in a crime

Question 17

Relevant to credit and another inadmissible hearsay purpose

Question 18

What is the police power for searching a taxi

Answer 18

s.36 LEPRA

Question 19

What is the police power for searching a person

Answer 19

s.21 LEPRA

Question 20

George and Rockett

Answer 20

A slight opinion

Question 21

Who answers questions of FACT

Answer 21

Jury