Practice Questions 1

Question 1

In a criminal proceedings tried with a jury must consider whether to give a warning under subsection (1) whenever the following evidence is give: s122(2)?

Answer 1

a) Hearsay evidence.
b) Evidence of a statement by the defendant, if that evidence is the only evidence implicating the defendant.
c) Evidence given by a witness who may have a motive to give false evidence that is prejudicial to the defendant.
d) Evidence of a statement by the defendant to another person made while both the defendant and other person were detained in prison, police station or another place of detention.
e) Evidence about the conduct of the defendant if that conduct is alleged to have occurred more than 10 years previously.

Question 2

What was held in R v Wanhalia?

Answer 2

R v Wanhalia
A reasonable doubt is “an honest and reasonable uncertainty left in your mind about the guilt of the defendant after you have given careful and impartial consideration to all of the evidence.

Question 3

What was held in s33 in regards to the defendants right to silence?

Answer 3

In a criminal proceeding, no person other than the defendant or the defendants counsel or the judge may comment on the fact that the defendant did not give evidence at his or her trial.

Question 4

Exclusion of confessions?

Answer 4

Evidence not prejudicial in itself in terms of the actual verdict may still be excluded where it has been obtained in circumstances that would make it admission against the defendant unfair.
The most obvious example of this is were a defendants statement has been obtained by unfair or improper methods, The confessions itself may well be impeccable evidence, but the way in which it was obtained may well lead to its inclusion under the fairness discretion.

Question 5

Witness summons should state?

Answer 5

1. Whether that are allowed to give evidence.
2. Whether they are required to give evidence.
3. Whether they can refuse to give evidence.
4. What type of witness they will be.

Question 6

Claiming privilege against self-incrimination in court proceedings?

Answer 6

(2) A person who claims privilege against self-incrimination in a court proceeding must offer sufficient evidence to enable the judge to assess whether self-incrimination is reasonable likely if the person provides the required information.

Question 7

Define propensity evidence?

Answer 7

Evidence that tends to show a person propensity to act in a particular way or to have a particular state of mind, being evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved, but does not include evidence of n act or commission that is:

• One of the elements of the offence for which the person is being tried, or
• The cause of action in the proceeds in question.

Question 8

Unacceptable questions?

Answer 8

In any proceeding, the judge may disallow, or direct that the witness is not obliged to answer, any question that the judge considers, improper, unfair, misleading, needlessly repetitive, or expressed in a language that is too complicated for the witness to understand.

Question 9

All relevant evidence is admissible on a proceeding except evidence that is (s7(1))?

Answer 9

a) Inadmissible
b) Excluded under this Act or any other Act.

2) Evidence that is not relevant is not admissible in a proceeding.
3) Evidence is relevant in a proceeding if it is has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding.

Question 10

Define an expert witness?

Answer 10

“A person who has specialised knowledge or skill based training, study or experience. The judge must determine whether the expert witness is property qualified to testify, opinion given by non-experts on matters calling for expertise are inadmissible.”

The expert is require to demonstrate to the court that he or she has the requisite qualification to be deemed an expert in the field in question, the expert may be qualified through formal study and training, form xp or both. Evidence offered by an expert should be within his or her area of expertise.

Question 11

What is defined in s25(1) in regards to Expert opinion?

Answer 11

S25(1) provides that expert opinion evidence will be admissible if the fact finder is likely to obtain substantial help from the opinion in:

• Understanding other evidence.
• In ascertaining any fact that is of consequence in the determining of the proceeding.

Question 12

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

Answer 12

On the balance of probabilities.

Question 13

Circumstantial evidence has been defined as?

Answer 13

A fact that by inference can prove another fact in issue.

Question 14

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 14

1, 2, and 4 are correct.

Question 15

what is the meaning of veracity?

Answer 15

A disposition to refrain from lying

Question 16

The general purpose of the examination in chief is to?

Answer 16

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

Question 17

Corroboration of a complainants statement is not necessary in a criminal proceeding except for what offence?

Answer 17

False oaths.

Question 18

A witness is not an example where judicial notice can be taken

Answer 18

The date of birth of the complainant is under 16.

Question 19

An oath and affirmation may be taken by?

Answer 19

Any witness 12 years or over involved in a proceeding.

Question 20

What must an expert witness demonstrate before giving evidence?

Answer 20

The expert must demonstrate to the court that he/she has the qualification to be deemed an expert.