問題一覧
1
What is hearsay? A statement that was made by a person________, and is offered in evidence at the proceeding to ________.
other than the witness / prove the truth of its content
2
What does "unavailable as a witness" mean? (Multi-anwer)
All of them
3
What is evidence?
Term for the whole body of material which a court or tribunal may take into account in reaching their decision
4
What 3 main categories do the rules of evidence fall into? Which one is not the one?
Which evidence to include/exclude
5
What is a hearsay statement? A statement that was made by a person other than a ____________.
WITNESS and is offered in evidence in the proceedings to prove the truth of it's content
6
True OR False ... VERACITY is the disposition of a person to refrain from telling the truth?
False
7
Propensity is a person's tendency to...
Act in a particular way or have a particular state of mind
8
Relevance - The fundamental condition for admissibility of evidence is that it must be relevant. Evidence that is not relevant will...
Not be admissible
9
The fundamental principle in criminal law is the presumption of innocence, is know as __________?
Woolmington Principle
10
The Woolmington Principle establishes that the burden of proof lies clearly with who?
Prosecution
11
12yr old Serah stands before the court. Select the most appropriate action for the court to give her in regards to oaths and affirmation.
She must take an oath or affirmation before giving evidence
12
How many support person(s) can a complainant, child witness or other witness have when giving evidence in court?
1 and may with permission of the Judge have more than 1
13
Can a defendant apply for a copy of all records of interviews of prosecution witnesses?
Yes
14
A witness first gives evidence in chief, and after giving evidence in chief the witness may be...
Cross-examined by all parties other than the party calling; and afterwards the witness may be re-examined
15
'Hostile witnesses may be asked questions in the manner of a cross-examination. Select the type of questioning this may include;
Leading questions, Questions designed to probe the accuracy of memory and perception, Questions as to prior inconsistent statements, Questions that challenges his/her veracity, including evidence from other witnesses
16
A hostile witness is one who... (multi answer, select all relevant/correct answers)
Lacks veracity when giving evidence unfavourable to the party who called the witness, Deliberately withholds evidence, Refuses to answer questions, Gives evidence that is inconsistent with a statement made by the witness in a manner that is unhelpful to the party who called the witness
17
Full disclosure by the prosecution must be made as soon as reasonably practicable after a defendant has, what?
First appearance (when def is child or young person), Pleaded not guilty (adult)
18
When must initial disclosure occur?
Not later than 15 working days after commencement of proceedings
19
True or False: As a general proposition, all persons are eligible to give evidence.
True
20
True or False: An associated defendant is not compelled to give evidence for or against a defendant in a criminal proceeding.
True
21
Visual identification evidence obtained by way of a formal procedure will be admissible in a criminal proceeding, unless what?
The defendant proves on the balance of probabilities that it is unreliable