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BPTC Criminal Litigation, Evidence and Sentencing Practice Questions – SGS:13
CRIMINAL LITIGATION, EVIDENCE &
SENTENCING
SGS 13
IDENTIFICATION EVIDENCE
Bar Professional Training Course
PRACTICE QUESTIONS
These questions are for you to attempt in your own time to test your knowledge. The
answers are included in this document for you to self‐mark. We will not go through these
questions in class
Practice MCQs (Questions)
MCQ 1
Jerry and Cody are accused of committing a robbery at a jeweller's shop. A number of hall-
marked gold rings were stolen. Cody has a number of minor convictions. The incident was
witnessed by Samuel and Karen, both of whom gave descriptions of the two robbers. Jerry
fits the description given of one of the robbers, but Cody only remotely fits the descriptions
given of the other robber. Both Samuel and Karen identify Cody at a subsequent ID
procedure, but only Samuel identifies Jerry. Both Cody and Jerry deny being involved and
argue that the identifications are mistaken. There is no other evidence implicating the
Defendants.
Which ONE of the following is WRONG?
[A] If he considers the quality of the identification evidence to be poor, the judge should
withdraw the case from the jury and direct an acquittal unless there is other evidence
which goes to support the identification.
[B] Since the defence case is based on a defence of mistaken identity, the judge has a
discretion whether to give a warning about the dangers of identification evidence.
[C] The judge should identify for the jury the evidence which has been presented during
the trial that is capable of supporting the identification evidence.
[D] The judge may direct the jury that Samuel’s identification of Cody may support Karen’s
identification of Cody, but the judge must warn the jury that the two witnesses could
both be mistaken.
Law School Page 1
, BPTC Criminal Litigation, Evidence and Sentencing Practice Questions – SGS:13
MCQ 2
See facts for Question 1.
At trial, Cody gives evidence of an alibi, which is proved by the prosecution to be false.
Which of the following is NOT a correct direction the judge may give to the jury?
[A] Cody’s false alibi can be regarded as supporting evidence for Samuel’s identification.
[B] In deciding the evidential value of the false alibi the jury should consider whether there
was an innocent motive for it.
[C] The false alibi can only be taken as going to Cody’s credibility, not his guilt.
[D] The jury can regard Cody’s failure during police questioning to mention the alibi as
supporting the correctness of Samuel’s identification.
MCQ 3
John Smith is facing trial on one count of rape. His defence is consent. At trial, prior to the
judge’s summing up to the jury, the defence advocate asks the judge to warn the jury of the
dangers of acting on the Complainant’s uncorroborated evidence.
Which of the following statements is CORRECT?
[A] The judge must give the jury a warning, as the law requires a warning to be given
whenever a complainant’s evidence in a criminal case is uncorroborated.
[B] The judge may give the jury a warning. The precise wording of the warning is a
matter for the judge.
[C] The judge must give the jury a warning, as the law requires a warning to be given
whenever the evidence of a complainant in a sexual case is uncorroborated.
[D] The judge cannot give the jury a warning, as the law prohibits it.
Law School Page 2
BPTC Criminal Litigation, Evidence and Sentencing Practice Questions – SGS:13
CRIMINAL LITIGATION, EVIDENCE &
SENTENCING
SGS 13
IDENTIFICATION EVIDENCE
Bar Professional Training Course
PRACTICE QUESTIONS
These questions are for you to attempt in your own time to test your knowledge. The
answers are included in this document for you to self‐mark. We will not go through these
questions in class
Practice MCQs (Questions)
MCQ 1
Jerry and Cody are accused of committing a robbery at a jeweller's shop. A number of hall-
marked gold rings were stolen. Cody has a number of minor convictions. The incident was
witnessed by Samuel and Karen, both of whom gave descriptions of the two robbers. Jerry
fits the description given of one of the robbers, but Cody only remotely fits the descriptions
given of the other robber. Both Samuel and Karen identify Cody at a subsequent ID
procedure, but only Samuel identifies Jerry. Both Cody and Jerry deny being involved and
argue that the identifications are mistaken. There is no other evidence implicating the
Defendants.
Which ONE of the following is WRONG?
[A] If he considers the quality of the identification evidence to be poor, the judge should
withdraw the case from the jury and direct an acquittal unless there is other evidence
which goes to support the identification.
[B] Since the defence case is based on a defence of mistaken identity, the judge has a
discretion whether to give a warning about the dangers of identification evidence.
[C] The judge should identify for the jury the evidence which has been presented during
the trial that is capable of supporting the identification evidence.
[D] The judge may direct the jury that Samuel’s identification of Cody may support Karen’s
identification of Cody, but the judge must warn the jury that the two witnesses could
both be mistaken.
Law School Page 1
, BPTC Criminal Litigation, Evidence and Sentencing Practice Questions – SGS:13
MCQ 2
See facts for Question 1.
At trial, Cody gives evidence of an alibi, which is proved by the prosecution to be false.
Which of the following is NOT a correct direction the judge may give to the jury?
[A] Cody’s false alibi can be regarded as supporting evidence for Samuel’s identification.
[B] In deciding the evidential value of the false alibi the jury should consider whether there
was an innocent motive for it.
[C] The false alibi can only be taken as going to Cody’s credibility, not his guilt.
[D] The jury can regard Cody’s failure during police questioning to mention the alibi as
supporting the correctness of Samuel’s identification.
MCQ 3
John Smith is facing trial on one count of rape. His defence is consent. At trial, prior to the
judge’s summing up to the jury, the defence advocate asks the judge to warn the jury of the
dangers of acting on the Complainant’s uncorroborated evidence.
Which of the following statements is CORRECT?
[A] The judge must give the jury a warning, as the law requires a warning to be given
whenever a complainant’s evidence in a criminal case is uncorroborated.
[B] The judge may give the jury a warning. The precise wording of the warning is a
matter for the judge.
[C] The judge must give the jury a warning, as the law requires a warning to be given
whenever the evidence of a complainant in a sexual case is uncorroborated.
[D] The judge cannot give the jury a warning, as the law prohibits it.
Law School Page 2
