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Spencer & Spencer: Evidence Concentrate 4e

Diagnostic test - where do I need to concentrate?

Instructions

Answer the following questions and then press 'Submit' to get your score.

Question 1

Chapter 1. Which of the following is an example of a collateral issue in a criminal trial for murder?

Question 2

Chapter 1. Which of the following statements best expresses the scope of the concept of relevance in evidence law?

Question 3

Chapter 2. From the following facts identify the correct case out of the list below:
The defendant was charged with breaching provisions of the Health and Safety at Work Act 1974 following an accident in which an employee who was driving a dumper truck was killed when the lorry load fell on him. The House of Lords considered the allocation of the burden of proving the statutory defence, that it was not reasonably practicable for the employer to do more than in fact was done. The House held that it was for the defendant employer to prove it was not reasonably practicable to provide safe conditions.

Question 4

Chapter 2. According to Dennis (2005, p908-916) there are a number of factors for the courts to consider in deciding whether a reverse burden should apply. Which of the following statements accurately reflects this?

Question 5

Chapter 3. Imagine a scenario where there are two co-defendants, D1 and D2 in a trial for stabbing V. D2 has confessed in a pre-trial interview but states that D1 was not involved. D1 wishes to produce this statement at trial but D2's confession has not been adduced by the prosecution since they anticipate it will be excluded by the trial judge under s72(2)(b) PACE. Which is the correct answer?

Question 6

Chapter 3. T was charged with assaulting an old age pensioner. At the start of a police interview his solicitor gave a written statement and T failed to answer further police questions. His evidence at trial was consistent with the content of the statement. Is the court permitted to draw an adverse inference from his silence at interview?

Question 7

Chapter 4. Which of the following cases involved alleged entrapment by a non-state official?

Question 8

Chapter 4. Which of the following propositions can be derived from the judgment of R v Loosely (2001)?

Question 9

Chapter 5. Which of the following sections defines bad character evidence?

Question 10

Chapter 5. S101(1) CJA 2003 contains seven 'gateways' to admissibility of bad character evidence of the defendant. Which of the following statutory sections is correctly cited in the four 'gateways' below?

Question 11

Chapter 6. Consider the following scenario:
Joan, wife of Leo, makes a statement to the police who had advised her that she was not compellable to give evidence against Leo who is facing trial for the alleged assault on their nineteen year old daughter. Joan refuses to testify at the trial. Is her pre-trial statement admissible?

Question 12

Chapter 6. Which of the following statements concerning statements of intention is true?

Question 13

Chapter 7. Alan and Bert are jointly charged with theft. Alan pleads not guilty and Bert pleads guilty. The prosecution wish to call Alan's wife, Clara, and Bert's wife, Dora, to give evidence. Are Clara and Dora competent and compellable for the prosecution?

Question 14

Chapter 7. Which of the following statements correctly represents s16 Youth Justice and Criminal Evidence Act 1999 which applies "Special Measures" to groups of witnesses?

Question 15

Chapter 8. Which case is the leading authority for the proposition that the judge must give a mandatory warning where identification evidence is disputed?

Question 16

Chapter 8. In which of the following factual situations will a Turnbull warning be required?
- i) If it is a recognition case
- ii) If the accused claims a witness is trying to 'frame' him
- iii) If the accused admits his presence at the scene of the crime but denies participation and the scene is crowded
- iv) Where the accused who admits his presence at the scene of the crime has unusual features.

Question 17

Chapter 9. Which of the following statements are true in relation to expert evidence and the rule against hearsay?

Question 18

Chapter 9. Which of the following items is part of the procedure for the admissibility of expert evidence in civil cases?

Question 19

Chapter 10. Which of the following propositions can be found in the decision in R v H; R v C (2004)?

Question 20

Chapter 10. An alleged drug dealer was watched from an observation post by police. At the trial he requests details of the post. What should the judge do?

Question 21

Chapter 11. Which of the following statements is correct?

Question 22

Chapter 11. Police have allegedly secretly recorded a conversation between Andy, who is under arrest on a serious criminal charge, and his solicitor. Information in the recordings was not however used by the prosecution. Andy is convicted and appeals. What is the likely outcome?