Voire Dire

Question 1

What is a Voire Dire?

Answer 1

A hearing within a hearing to determine an issue of law.

Question 2

What is a Voire Dire used to determine?

Answer 2

• Competency or Compellability of a witness
• Whether evidence is used against a person
• Admissibility of evidence for the tribunal of fact.

Question 3

Cornelius and the king on Voire Dire?

Answer 3

They are to determine a question of law as it relates to a fact.

Question 4

5 Principles of a Voire Dire? Case?

Answer 4

DPP v Zhang 2007

• Grant of Voire Dire by Court is matter of discretion, not a right of party.
• Party seeking Voire Dire must satisft Magistrate there are reasoanble grounds for Voire Dire and must identify the issues in it.
• All parties must specify issues to be examined so as to allow objections to ba taken and considered on relevance.
• Magistrate must identify with precision material which is objected to, basis for objection.
• Need for Magistrate to rule upon admissibility of evidence.

Question 5

What section of evidence Act for Voire Dire?

Answer 5

189.

Question 6

189 (1)?

Answer 6

189 The voir dire
(1) If the determination of a question whether:
(a) evidence should be admitted (whether in the exercise of a discretion or not), or
(b) evidence can be used against a person, or
(c) a witness is competent or compellable,
depends on the court finding that a particular fact exists, the question whether that fact exists is, for the purposes of this section, a preliminary question.

Question 7

Case on onus on defence and what for?

Answer 7

Cleland v The Queen

If they raise unfairness or illegality, onus is on defence in Voire Dire.

Question 8

Intended result of Voire Dire? Case?

Answer 8

Cornelius v The King

Whether or nor there is “a prima facie reasson for presenting the evidence at all to the Jury”

Question 9

For admissions, in relation to involuntariness or oppression, who holds Onus of Proof?

Answer 9

The Crown.

Question 10

Intended result of Voire Dire? Case?

Answer 10

Cornelius v The King (1936)

Whether or not there is ‘a prima facie reason for presenting evidence at all to the jury”.

Question 11

If unfairness or illegality is raised, who bears the Onus?

Answer 11

The Defence. (provindg they raise the unfairness)

Question 12

Case on Voire Dire evidence to be used in hearing proper?

Answer 12

Ex parte Whitlock re MacKenzie
Evidence heard in Voire Dire in SUmmary Cases is to be taken as evidence in the case as a whole and is before the Court for all purposes.