2 - Element Of Evidence

Question 1

Section 6 - purpose

What is the purpose of the Act:

Answer 1

The act aims to help secure the just determination of proceedings this is done through six objectives:

A. Providing for facts to be establish by the application of logical rules

B providing rules of evidence that recognise the importance of the rights of firmed by the NZ Bill of Rights at 1990

C promoting fairness to parties and witnesses.

D protecting rights of confidentiality and other important public interests

E) avoiding unjustifiable expense and delay

F)enhancing access to the law of evidence.

Question 2

Fact in issue

Answer 2

Fact which in law need to be proven to succeed with the case in criminal cases effects and issue are usually those which are alleged by the charging document and denied by plea of not guilty.

Question 3

Circumstantial evidence

Answer 3

Is a fact from which the judge or jury may in further existence of affect an issue. As such, it offers indirect proof of effect and issue. As more circumstances lead to the inference, the chain of circumstantial evidence becomes stronger, to the point where the pieces of circumstantial evidence viewed as a whole as sufficient to prove guilt.

Question 4

General rule of evidence

Answer 4

All facts and issue in fact relevant to the issue must be proven by evidence

Question 5

Two main exceptions to the general role of evidence

Answer 5

1 – judicial notice is taken

2 - the facts are formally admitted

Question 6

Define judicial notice

Answer 6

When a court takes judicial notice of effect it declares that it will find that the fact exists or will direct the jury to do so even though evidence has not been establish that the fact exist example is where affect as clearly established for example the date of Christmas were affect an issue

Question 7

Judicial notice sections 128 and 129

Answer 7

S128 - Notice of uncontroverted facts:
128 is concerned only with facts that affect and issue or relevant to affect an issue it concerns notice effect nine and sit generally or in the locality. Eg 28/10 is show day in the town

S129: admission of reliable published documents:
Section 129 confides the common law exception to the heatsay rule that admitted accredited historians scientific works and maps maybe admitted as evidence in order to prove facts of a public nature

Question 8

Fact formally admitted

Answer 8

Intro the council for either Paddy accept that some evidence accepted or proven at the outset so it may not be discussed

Question 9

Presumptions

Answer 9

We know direct evidences offered or obtainable disputed facts are sometimes inferred from other facts which had themselves proven or known in such cases the inference is called an presumption. Presumptions may be of law or if fact.

Question 10

Presumptions of law

Answer 10

Presumptions of law are inferences that have been expressly drawn by law from particular facts. These may either be conclusive or irrebuttable

for example a conclusive and irritable presumption would be a child under 10 years wage is unable to be convicted. A rebuttable presumption would be that all defendants are innocent until proven guilty.

Question 11

Presumptions of fact

Answer 11

Are those that the mind naturally and logically draws from the given facts

For example one presumes that a person has guilty knowledge if they have possession of recently stolen goods

Presumptions of fact are logical inferences and are always rebuttable

Question 12

Principles of admissible evidence

Answer 12

Relevance
Reliability
Unfairness

Question 13

Section 7: fundamental principal that relevant evidence admissible

Answer 13

1) all relevant evidence is admissible in a proceeding except evidence that is inadmissible under this act any other act or excluded under this or any act

2) evidence that is not relevant is not admissible in a proceeding

3) evidence is relevant in a proceeding if it has a tendency to prove or disprove anything that has a consequence to the determination of the proceeding

Question 14

Reliability of evidence

Answer 14

Not a general ground of an inadmissibly however under section 122 there may be a judicial warning dealing with the reliability.

Question 15

Section 8 general exclusion

Answer 15

The judge must exclude evidence if the probative value is outweighed by the risk that evidence would a have an unfairly prejudicial effect on the proceeding or needlessly prolong the proceeding.

Windiness the judge must take into account the right of the defendant to offer an effective defence

Question 16

What is the section 8 Test?

Answer 16

The test involves bouncing the probative value of evidence against the risk that are well a heaven unfairly prejudicial effect on the proceeding or needlessly prolong the proceeding

Question 17

What is the risk of unfair prejudice?

Answer 17

Typically, it refers to the danger that a trial of fact will give us some peace of evidence more weight than it deserves be misled by evidence or use evidence for an illegitimate purpose.

Question 18

Section 9 admission by agreement

Answer 18

Parties agree to admit evidence that might otherwise be an admissible however, the Judge maintains control of this process and may decline.

Question 19

What is a hearing in chambers?

Answer 19

S15: evidence given by witness to prove the fact necessary for deciding whether some other evidence should be admitted in a proceeding the jury is excluded from the courtroom for the duration of the immiscibility hearing.

Fax determine at a hearing and chambers sometimes referred to as preliminary effects or preliminary hearing .

It applies to all witnesses, not only defendants.

Evidence given will be admissible later in proceeding if it is inconsistent with later evidence by a witness

Question 20

If evidence is admitted for what purpose can it be used for?

Answer 20

Heart v R:
The statute proceeds on the basis that generally speaking evidence is either admissible for all purposes or it is not admissible at all .

There are limitations section 27 controls the use of pre-trial statements of defendants and cod defence section 31 forbids the prosecution from relying on certain evidence offered by defendants and a criminal case section 32 forbid the finder from using a criminal defendants silence as evidence of guilt