LAW CLUB CRIM PROCESS Q/PAST EXAM

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