2 . Elements of evidence Flashcards
Discuss Section 6 of the EA 06 (Purpose of evidence law)
The Act aims to “help secure the just determination of proceedings” through the six objectives set out in s6:
6 Purpose
The purpose of this Act is to help secure the just determination of proceedings by—
(a) providing for facts to be established by the application of logical rules; and
(b) providing rules of evidence that recognise the importance of the rights affirmed by the New Zealand Bill of Rights Act 1990; and
(c) promoting fairness to parties and witnesses; and
(d) protecting rights of confidentiality and other important public interests; and
(e) avoiding unjustifiable expense and delay; and
(f) enhancing access to the law of evidence.
What makes good evidence
- Facts that prove the charge (ie the elements of the charge)
- Facts in issue
- Circumstantial evidence
What is circumstantial evidence
Is basically evidence that the judge and jury may infer the exisitance of the facts at issue. It is indirect proof like the surrounding circumstances. The more circumstnatial evidence there is the strongetr the circumstantial case is. IE defendant was in the area at the time of the offence.
What is the general rule of evidence
Is that all facts in issue and facts relevant to the issue must be proved by evidence
What are the two exceptions to the generttal rule of evidence
_ Judicial notice is taken
- The facts are formally admitted. (Section 9 usually referred to as hand up)
What is judicial notice and what sections cover this?
When the court takes judicial notice of a fact, it will then find the facts exist or will direct the jury to do so even if evidence is not produced. An example of this is the date christmas falls on. Everyone know christmas falls on the 25th and therefore does not need to be proved.
The sections that cover this is section 128 and 129 EA06.
Discuss S9 of EA06
This section relates to facts formally admitted. When the counsel of either party accept some evidence is accepted or proven at the outset. IE both parties agree that the evidence dows not have to be given in court
What is presumption of law?
Are inferrences that have been expressly drawn by law from a particular fact.
these maybe conclusive or rebuttable
Conclusion presumptoin of law is that a child under 10 is unable to be convicted.
Rebuttable presumption is that the def is innocent until proven guilty.
What is presumtion of fact
Are those that the mind naturally draws conclusions from the given facts. IE, One persumes that the person has guilty knowledge if they are in posseession of recently stolen property.
What are the 4 points that the court takes into account when evidence is to become admissable.
- Relevance
- Reliability
- Unfairness
- Public interest
When would evidence be deemed to be relevant
When the evidence had a tendency to prove or disprove anything that is a consequence to the determination of the proceedings. Section 7 EA06
When may evidence be excluded in relation to unfairness
- If it would result in some unfair prejudice in the proceedings
- Or if the evidence has been obtained in a way that it would makes its admission against the defendant unfair - IE the way the defendants confession was obtained.
Discuss section 8
(1) The judge may exclude evidence if its probative value outweighs by the risk that the evidence will:
(a) have an unfair prejudicial effect on the proceedings or
(b) needlessly prolong the proceedings.
What is the ai9m of the evidence act 2006
To help secure the just determination of the proceedings.
What must the facts of evidence be proved by and what are the exceptions.
All facts at issue and facts relevant to the issue must be proved by evidence.
the two exceptions to this is that they are proved by judicial notice or that the evidence is formally admitted.
What are the 4 points in relation to evidence being admissable
relevance
reliable
unfairness
Define relevant evidence
Is evidence that has a tendancy to prove or disprove anything that is of consequence of the determination of a proceedings.
When may evidence be excluded under S8 of the EA06
The judge may exclude evidence if the probative value outweighs the risk that the evidence:
- will have an unfair prejudicial effect on the proceedings
- unnecessarily prolong the the proceedings.
What are the 6 objectives of the evidence act 2006 set out in section 6
- providing for facts to be established by the application of logical rules
− providing rules of evidence that recognise the importance of the rights affirmed by the New Zealand Bill of Rights Act 1990
− promoting fairness to parties and witnesses
− protecting rights of confidentiality and other important public interests
− avoiding unjustifiable expense and delay, and
− enhancing access to the law of evidence.
What are the two ways in which unfairness usually arises and may result in the exclusion of evidence
If the evidence would cause an unfair predudicial effect on the proceedings or would unnecessarily prolong the proceedings.
What are the two ways in which unfairness usually arises and may result in the exclusion of evidence
If the evidence would cause an unfair prejudicial effect on the proceedings or would unnecessarily prolong the proceedings.
Define what is listed in Section 128 (1) Notice of uncontroverted facts
That the judge or jury may take notice of facts that are so well known and accepted that either generally or locally that they can not be reasonable questioned. IE Christmas is always on the 25th of December.
Define what is listed in section 129 (1) Admission of reliable published documents.
A Judge may, in matters of public history, art, literature, science, admit as evidence any published documents and deem them to be a reliable source.
