2 - Elements of evidence Flashcards
What is the purpose of evidence law? 6 objectives (learn 4)
a) providing for facts to be established by the application of logical rules
b) providing rules of evidence that recognise the importance of the rights affirmed by the New Zealand Bill of Rights Act 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
What makes good evidence - 3 points
Facts that prove the charge - The facts must prove the elements of the charge and the evidence should be made up of facts that prove the charge.
Facts in issue - That facts in issue are the facts which in law need to be proven to succeed with the case. In criminal cases, facts in issue are usually those which are alleged by the charging document and denied by a plea of not guilty.
Circumstantial evidence - Circumstantial evidence is a fact from which the judge or jury may infer the existence of a fact in issue. As such, it offers indirect proof of a fact in issue.
General rule of evidence and the exceptions
A general rule of evidence is that all facts in issue and facts relevant to the issue must be proved by evidence.
The two main exceptions to the general rule are when no evidence needs to be given of facts because:
- judicial notice is taken
- the facts are formally admitted
Explain judicial notice and Section 128
When a court takes judicial notice of a fact, it declares that it will find that the fact exists, or will direct the jury to do so even though evidence has not been established that the fact exists.
128 - A Judge or Jury may take notice of facts so known and accepted either generally or in the locality in which the proceeding is being held that they cannot reasonably be questioned
Facts formally admitted
Presumptions of law
Presumptions of fact
In a trial, the counsel for either party can accept that some evidence is accepted or proven at the outset, so it need not be discussed.
Presumptions of law are inferences that have been expressly drawn by law from particular facts.
Presumptions of fact are those that the mind naturally and logically draws from the given facts. Presumptions pf fact are simply logical inferences, and so are always rebuttable.
Determining admissibility of evidence, 4 priniciples of evidence law
Evidence is admissible if it can be legally received by a court.
In deciding whether evidence is admissible, the courts have reference to certain principles of evidence law
- relevance
- reliability
- unfairness
- public interest
Relevance of evidence, 3 points and definition
The fundamental condition for the admissibility of evidence is that it must be relevant. Section 7 provides that:
1) all relevant evidence is admissible in a proceeding except evidence that is,
- inadmissible under this Act or any other Act or
- excluded under this Act or any other 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 is of consequence to the determination of the proceeding
Relevant evidence is defined as any “evidence that has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding”
For facts to be received in evidence…
they must be both relevant and admissible. Evidence that is not relevant will not be admissible.
The fact that evidence is relevant does not necessarily mean that it will be admitted into evidence. Inadmissibility or exclusion will usually be due to a lack of reliability, fairness, public interest, or a combination of these factors.
Reliability - It is important to ensure that evidence obtained…
is reliable
Fairness
Even though evidence is relevant, it may be excluded if it would result in unfairness. This can cover a variety of situations, and usually arises in two ways:
1) Evidence may be excluded if it would result in some unfair prejudice in the proceeding
2) Evidence not prejudicial in itself in terms of the actual verdict may still be excluded where it has been obtained in circumstances that would make its admission against the defendant unfair. Ie, defendants statement obtained by unfair or improper methods
What is the Section 8 test?
The s8 test involves balancing the probative value of evidence against the risk that it will:
- have an unfairly prejudicial effect on the proceeding or
- needlessly prolong the proceeding
Explain what ‘voir dire’ is?
A hearing where a witness gives evidence to prove the facts necessary for deciding whether some other evidence should be admitted in a proceeding. Jury is excluded from the courtroom for the duration of the admissibility hearing. Facts determined at a voir dire are sometimes referred to as preliminary facts.
The use of evidence for multiple purposes
The Evidence Act 2006 allows evidence to prove anything that is of consequence to the determination of the proceeding.
Admissible evidence may be used in different ways and for different purposes in a proceeding, not necessarily only for the purpose for which it has been admitted.
