PEP - Week 7 Quiz

Question 1

What is the power to stop and search a Taxi?

Answer 1

s.36 LEPRA

Question 2

What power do you have to stop and search a person?

Answer 2

s.21 LEPRA

Question 3

What exercising a police power, what do you have to do?

Answer 3

Name rank station, and reason why your exercising the power s.202 WIPE

Question 4

If your doing a search under s.21 do you have to comply with 202?

Answer 4

Yes

Question 5

What is the principal of Case Law George and Rockett in relation to reasonable suspicion?

Answer 5

There must be some factual basis for either the suspicion or the belief: the state of mind may be based on hearsay material or materials which may be inadmissible in evidence; the materials must have some probative value.

Question 6

Credibility - Give an example of something that only goes towards credit.

Answer 6

Victim’s criminal record

Question 7

Credibility - Give an example of something that goes towards credit but is admissible for another purpose.

Answer 7

Complaint evidence on BWV.

Question 8

What are the requirements of Accessory before the Fact?

Answer 8

1. An offence is committed. 2.The accessory is absent at the time of the offence.
2. The accessory Counsels/commands/abets another to commit the Serious indictable offence.
3. Has knowledge of the actual crime committed.

Question 9

What is the mindset/test for extended common purpose?

Answer 9

The test has become a subjective one and the scope of the common purpose is to be determined by what was contemplated by the parties sharing the purpose - McAuliffe v R

Question 10

What is an innocent agent is?

Answer 10

A person that commits an offence on behalf of someone else BUT is not liable for the offence is called an innocent agent.

Question 11

What is a Principal in the First Degree?

Answer 11

• Someone who commits all the physical elements of the offence
• Commits a crime through an innocent agent
• A person involved in a joint criminal enterprise

Question 12

What is a Principal in the Second Degree?

Answer 12

A person who is present at the scene and aids/assists in the commission of the offence.

Question 13

What is an Accessory after the Fact?

Answer 13

• Assists the principal in the first degree AFTER a Serious indictable offence has been committed.
• Has knowledge the Serious indictable offence has been committed (of the precise crime committed).
• Receives/comforts/harbors/assists/maintains the offender
• Provides assistance in prohibiting detection (as opposed to being related directly to the commission of the offence)

Question 14

Name FOUR (4) Circumstantial Criminal Cases

Answer 14

Chaberlain,
Peacock,
Bayden-Clay,
Dawson,
Shepherd

Question 15

What is Direct Evidence?

Answer 15

Directly proves a fact in issue.

Question 16

What is Indirect Evidence?

Answer 16

May prove a fact by inference.

Question 17

What is the case in relation to Circumstantial Evidence that states “…cannot return a verdict of guilty unless the circumstances are ‘such as to be inconsistent with any reasonable hypothesis other than the guilt of the accused’.

Answer 17

Peacock v The King

Question 18

In relation to Circumstantial Evidence - What is a basic fact?

Answer 18

An individual piece of evidence about a fact.

Question 19

In relation to Circumstantial Evidence - What is an intermediate fact?

Answer 19

A single basic fact or a combination of basic facts.

Question 20

In relation to Circumstantial Evidence - What is an Ultimate inference of guilt?

Answer 20

Proof beyond reasonable doubt of the defendant’s guilt of the crime.

Question 21

In a Voir Dire - Who answers the question as to the question of Law? Who makes the determination?

Answer 21

The Magistrate.

Question 22

Who decides admissibility of evidence?

Answer 22

Arbiture of law.

Question 23

What case sets out the rules in relation to a Voir Dire?

Answer 23

R v Zhang - Zhang Principals.

Question 24

What are the 3 preliminary questions which can be determined in a voir dire under s.189 Evidence Act?

Answer 24

Whether;
(a) evidence should be admitted
(b) evidence can be used against a person, or
(c) a witness is competent or compellable,

Question 25

What is s.135 Evidence Act in relation to general discretion to exclude evidence?

Answer 25

The court may refuse to admit evidence if its probative value is substantially outweighed by the danger that the evidence might—
(a) be unfairly prejudicial to a party, or
(b) be misleading or confusing, or
(c) cause or result in undue waste of time.

Question 26

What is the authority for probative value? Cite it.

Answer 26

Probative value is determined by taking evidence at its highest: R v Shamouil [2006] NSWCCA 112

Question 27

What is probative value?

Answer 27

“the extent to which the evidence could rationally affect the assessment of the probability of the existence of a fact in issue”

i.e the evidence taken at its highest could affect the probabilility of a fact in issue.

Question 28

What is unfairly prejudicial? Cite authority.

Answer 28

Prejudice which is unfair because there is a real risk that the evidence will be misused by the jury in some unfair way.” R v BD (1997)

Question 29

If the Court is satisfied of an impropriety or illegality, evidence is not admitted unless argued in.
What section do you find the “balancing act” in relation to admitting that evidence?

Answer 29

s.138 (3)
(a)the probative value of the evidence, and
(b)the importance of the evidence in the proceeding, and
(c)the nature of the relevant offence, cause of action or defence and the nature of the subject-matter of the proceeding, and
(d)the gravity of the impropriety or contravention, and
(e)whether the impropriety or contravention was deliberate or reckless, and
(f)whether the impropriety or contravention was contrary to or inconsistent with a right of a person recognised by theInternational Covenant on Civil and Political Rights, and
(g)whether any other proceeding (whether or not in a court) has been or is likely to be taken in relation to the impropriety or contravention, and
(h)the difficulty (if any) of obtaining the evidence without impropriety or contravention of an Australian law.