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MCQ: Rules on admissibility of visual ID evidence mainly aim at? a) saving court time b) reliability c) defendant privacy d) community safety
b) Ensuring reliability – honest witnesses can be mistaken
MCQ: True/false – police must caution before inviting a statement if they have sufficient evidence to charge, whether or not arrested or charged
TRUE – Practice Note applies before arrest/charge
MCQ: Two parts of the NZ prosecution test (select two)? a) diversion b) evidential c) admissibility d) public interest
b) and d) – evidential test + public interest test
MCQ: True/false – more mandatory sentences shift power from the judge to the prosecutor
TRUE – charge selection & plea deals decide outcome
MCQ: NOT a s 8(1) Bail Act consideration? a) fail to appear b) can't pay a bail bond c) interfere with witnesses d) offend on bail
b) Inability to pay a bail bond
MCQ: Why must prosecution disclose relevant evidence? a) avoid ambush b) avoid miscarriages c) efficiency d) all of the above
d) All of the above
MCQ: Highest standard? a) balance of probabilities b) reasonable grounds to believe c) reasonable grounds to suspect d) beyond reasonable doubt
d) Beyond reasonable doubt (order: BRD > BOP > believe > suspect)
MCQ: True/false – the prosecution represents the victim in an NZ criminal trial
FALSE – prosecution acts for the state
MCQ: Where are leading questions most common? a) examination in chief b) re-examination c) cross-examination
c) Cross-examination
MCQ: At which step are aggravating/mitigating factors personal to the offender considered? a) first b) second
b) Second step (step 1 = offending only)
MCQ: No formal ID procedure and no good reason – who must prove what? a) D, unreliable on BOP b) prosecution, reliable BRD c) prosecution, reliable on BOP d) automatically inadmissible
b) Prosecution must prove reliability beyond reasonable doubt (s 45(2))
MCQ: Formal ID procedure followed – ID is? a) inadmissible unless prosecution proves reliability b) admissible unless D proves unreliability on BOP c) always admissible d) admissible only with a jury warning
b) Admissible unless D proves unreliability on balance of probabilities
MCQ: Minimum number of other people in a formal ID parade? a) 4 b) 5 c) 7 d) 10
c) At least 7
MCQ: Which section requires a judicial warning on identification evidence? a) s 45 b) s 126 c) s 30 d) s 8
b) s 126 Evidence Act
MCQ: Hamed v R test for a "search"? a) physical entry to property b) invasion of a reasonable expectation of privacy c) any police observation d) seizure of items
b) Reasonable expectation of privacy – subjective + objectively reasonable
MCQ: Which threshold is HIGHER for a warrant? a) reasonable grounds to suspect an offence b) reasonable grounds to believe evidential material will be found
b) Reasonable grounds to BELIEVE
MCQ: True/false – evidence from an unlawful search is automatically excluded
FALSE – s 30 balancing; exclusion not automatic
MCQ: True/false – an arrest requires physical contact
FALSE – restraint of liberty; no longer free to leave
MCQ: NOT part of the police caution? a) right to silence b) right to a lawyer c) right to have a parent present d) statement may be used in evidence
c) Right to have a parent present
MCQ: Bail as of right applies to offences with a maximum penalty of? a) under 2 years b) under 3 years c) under 5 years d) under 14 years
b) Under 3 years' imprisonment (excl. ss 194/194A assaults)
MCQ: Which NZBORA section gives the right to bail? a) s 21 b) s 22 c) s 24(b) d) s 25(c)
c) s 24(b)
MCQ: Threshold for electing a jury trial? a) max penalty 2+ years b) 3+ years c) 14+ years d) any offence
a) Maximum penalty of 2 years or more (NZBORA s 24(e))
MCQ: True/false – juries give reasons for their verdict
FALSE – judge-alone trials give written reasons; juries don't
MCQ: Possible majority verdict in NZ? a) 10:2 b) 11:1 c) 9:3 d) unanimous only
b) 11:1
MCQ: Which section requires a conflicting version to be put to the witness in cross? a) s 92 b) s 97 c) s 107 d) s 126
a) s 92 Evidence Act
MCQ: Who closes last at trial? a) Crown b) defence c) judge
b) Defence (Crown first; then judge sums up)
MCQ: Maximum guilty plea discount? a) 10% b) 25% c) 33% d) 40%
b) Up to 25%
MCQ: True/false – voluntary intoxication is a mitigating factor
FALSE – expressly not mitigating
MCQ: Least restrictive sentence in the s 10A hierarchy? a) fine b) community work c) convict and discharge d) home detention
c) Convict and discharge / come up for sentence if called upon
MCQ: Discharge without conviction (s 106) is treated as? a) a conviction b) an acquittal c) a suspended sentence
b) An acquittal
MCQ: Home detention may be considered where the end sentence is? a) 1 year or less b) 2 years or less c) 3 years or less
b) 2 years or less
MCQ: Ordinary parole eligibility for sentences over 2 years? a) after half b) after one-third c) after two-thirds
b) After one-third (under 2 years = released at half)
MCQ: True/false – the s 7 Sentencing Act purposes are listed in order of priority
FALSE – the order does not rank them
MCQ: Prosecution's standard to show oppression didn't influence a statement (s 29)? a) balance of probabilities b) beyond reasonable doubt
b) Beyond reasonable doubt (s 28 reliability = BOP)
MCQ: Under s 30, once exclusion is found proportionate to the impropriety, exclusion is? a) discretionary b) mandatory
b) Mandatory
MCQ: Minimum non-parole period for murder (life)? a) 7 years b) 10 years c) 17 years
b) 10 years (17 for specified aggravated murders)
MCQ: True/false – sufficient evidence alone means a prosecution must proceed
FALSE – public interest test must also be met
MCQ: Diversion generally requires? a) a guilty plea b) the evidential test met c) victim consent d) a conviction
b) The evidential test to be met