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ADPP Session 5 Final Exam; Questions & Answers 100% Solved

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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...

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  • August 9, 2024
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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




What form can an admission take? Answer-Words

, ADPP Session 5 Final Exam; Questions &
Answers 100% Solved
Writing

Conduct




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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