Evidence 8 Flashcards
(11 cards)
Qualification as an expert
An expert is a person who has specialised knowledge or training, study or experience. The expert id required to demonstrate tot he court tat he or she has the requisite qualification to be deemed as an expert in the field in question.
When leading questions are permitted.
The question relates to introductory or undisputed matters.
The question is put with the consent of all other parties.
The Judge in exercise of the Judges discretion allows the question.
Judicial warnings
Judicial warning that evidence may be unreliable.
Judicial directions about certain ways of giving evidence.
Judicial warnings about lies.
Judicial directions about children’s evidence.
Judicial warnings about identification evidence.
delayed complaints or failure to complain in sexual cases.
Who is not compelled to give evidence?
The Sovereign, Governor-General, and Sovereign and head of state of a foreign country are not compelled to give evidence.
M/C. Introducing evidence. Identify when evidence is deemed as being admissible?
(A) Both prosecution and defence agree to it being introduced.
(B) It is relevant to the party introducing it.
(C) It is legally able to be received by the courts
It is legally able to be received by the courts.
M/C.
Previous consistent statements are:
(A) Are admissible to respond to the clarify a witness veracity or accuracy.
(B) Are admissible as evidence as identification.
(C) Are not admissible during any court proceeding.
Are admissible to respond to the clarify a witness veracity or accuracy.
Discuss when privilege would be granted by the courts under section 62(2).
A person who claims a 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.
M/C. What offence requires corroboration? (A) Black mail. (B) False Oaths. (C) Sexual violation by rape
false Oaths.
Section 33 - restrictions to comments regarding defendants right to silent in a trial.
In a criminal proceeding, no person other than the defendants, the defendants counsel or the judge may comment on the fact that the defendant did not give evidence at his or her trial.
When would a judge give warning to a jury.
When its hearsay
A jailhouse confession
A defendants admission is the only evidence.
The offence over 10 years
The weight of evidence is its value in relation to facts in issue. The value will depend on a wide range of factors. List two of these factors.
Directly relevant or conclusive and the veracity of the witness applies.
