Exam (elaborations)
ADPP Session 5 Final Exam – Questions & Correct Answers
- Course
- Institution
ADPP Session 5 Final Exam – Questions & Correct Answers
[Show more]
Content preview
ADPP Session 5 Final Exam – Questions & CorrectAnswers
Section 85 Evidence Act Right Ans - 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? Right Ans -
Investigating officials, accused, victims, loss prevention officers or someone
similar.
s90 Evidence Act Right Ans - Discretion to exclude admissions
When can the court refuse to admit evidence of an admission? Right Ans -
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?
Right Ans - It may be unfair to the defendant
Potential for truth of admission to be affected
When is an admission admissible? Right Ans - 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)
Is a confession made by an intoxicated accused admissible? Right Ans -
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? Right Ans - 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 Right Ans - When/where BWV footage can be
used
What is an admission? Right Ans - A representation made by a person that
tends to prove their guilt
What form can an admission take? Right Ans - Words
Writing
Conduct
Example of not communicated representation? Right Ans - Unsent email
Diary entry
What does a 'representation' include? Right Ans - 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? Right Ans -
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? Right Ans - Cry of pain, exclamation of
horror, sarcasm
2 elements of an admission Right Ans - 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
What proceedings do admissions apply to? Right Ans - Any court case: civil
and criminal
What statistic of emergency services end up suffering from PTSD from
secondary trauma? Right Ans - One in five
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 Zendaya. 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.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
72042 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now