3. The Exclusive Rules Of Evidence Flashcards
The exclusive rules of evidence deal with:
Veracity
Propensity
Hearsay
Opinion
Identification
Improperly obtained evidence
Veracity Rules s37
a. Lack of veracity on the part of the person when under a legal obligation to tell the truth
b. Person has been convicted of 1 or more offences that indicate a propensity for dishonestly or lack of veracity
c. Any provision inconsistent statements made by the person
d. Bias on the part or the person
e. A motive on the part of the person to be untruthful
Propensity evidence does not include
• evidence of any act or omission that is one of the elements of the offence which the person is being tried
• evidence that is solely or mainly about veracity
Hearsay defined as
Statement that
a. Made by a person other than a witness and
b. Is offered in evidence at the proceeding to prove the truth of its contents
Section 16(1) Circumstances defines
Nature of the statement
The contents of the statement
Circumstances that relate to the making of the statement
Circumstances that relate to the veracity of the person
Circumstances that relate to the accuracy of the observation of the person
Section 16(2) unavailable as a witness
a. Dead
b. Outside of NZ and is not reasonably practicable for him/her to be a witness
c. Unfit to be a witness because of age or physical or mental condition OR
d. cannot with reasonable diligence be id or found OR
e. Not compellable to give evidence
Non expert evidence to be admissible
Fulfil two basic criteria
• Opinion must be the only way in which to effectively communicate the information to the finder of fact
• witness must be stating an opinion from something personally perceived
Qualification as an expert
Expert - Person who has specialised knowledge or skills based on training, study or experience.
Judge determines whether expert witness is qualified
