ADPP Session 5 Final Exam; Questions & Answers 100% Solved
12 views 0 purchase
Course
ADPP
Institution
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller GOLDTUTORS. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.99. You're not tied to anything after your purchase.
