ADPP Session 5 Final Exam; Questions & Answers 100% Solved
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ADPP
ADPP Session 5 Final Exam; Questions &
Answers 100% Solved
Section 85 Evidence Act Answer-Reliability of admissions by defendants
Applies to any act that may influence the reliability of an admission
Who can influence a decision to prosecute a person? Answer-Investigating officials,
accused...
ADPP Session 5 Final Exam; Questions &
Answers 100% Solved
Section 85 Evidence Act Answer-Reliability of admissions by defendants
Applies to any act that may influence the reliability of an admission
Who can influence a decision to prosecute a person? Answer-Investigating officials,
accused, victims, loss prevention officers or someone similar.
s90 Evidence Act Answer-Discretion to exclude admissions
When can the court refuse to admit evidence of an admission? Answer-If the evidence is
adduced by the prosecution AND it would be unfair to a defendant to use the evidence
Why should you be careful when questioning a person who is intoxicated? Answer-It may
be unfair to the defendant
Potential for truth of admission to be affected
When is an admission admissible? Answer-When the circumstances in which the
admission was made were such as to make it unlikely that the truth of the admission was
adversely affected (s85(2) EA)
, ADPP Session 5 Final Exam; Questions &
Answers 100% Solved
Is a confession made by an intoxicated accused admissible? Answer-Admissible unless
the degree of intoxication is so great as to deprive him of understanding what he was confession
(Sinclair v The King)
What can BWV footage be used for? Answer-To investigate an offence
To decide whether to prosecute
In criminal proceedings
Coronial inquest/inquiry
Care proceedings
Disciplinary proceedings
Extraditions
Crime Commission hearings/examinations
Law enforcement functions
NSWPF training
s40 Surveillance Devices Act Answer-When/where BWV footage can be used
What is an admission? Answer-A representation made by a person that tends to prove
their guilt
Example of not communicated representation? Answer-Unsent email
Diary entry
What does a 'representation' include? Answer-Express or implied represention:
- in writing or oral
- inferred by conduct
- not intended to be communicated
- not communicated
Example of not intended to be communicated representation? Answer-Something not
intended to be seen by another person, or sent to wrong person
Text message/email sent to wrong person
Example of implied representation? Answer-Cry of pain, exclamation of horror, sarcasm
2 elements of an admission Answer-1. Made by a person who is a party to a proceeding
2. Adverse to the person's interest in the outcome of the proceeding
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