ADPP Session 5 Final Exam – Questions & Correct
Answers
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
Answers
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
