3. The Exclusive Rules of Evidence - Progress Test 3

Question 1

What is the propensity rule of evidence?

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Answer 1

Propensity evidence means evidence that tends to show a person’s propensity to act in a
particular way or to have a particular state of mind, being evidence of acts, omissions, events, or circumstances with which a person is alleged to have been involved, but does not include evidence of an act or omission that is:
− one of the elements of the offence for which the person is being tried, or
− the cause of action in the proceeding in question.

Question 2

What is the definition of a hearsay statement in the Evidence Act 2006?

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Answer 2

Under the Act, a hearsay statement is defined as (s4):
“a statement that –
(a) was made by a person other than a witness; and
(b) is offered in evidence at the proceeding to prove the truth of its contents”

Question 3

Define an “expert” under s4 of the Evidence Act 2006.

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Answer 3

Section 4 of the Act defines an “expert” as “a person who has specialised knowledge or skill,
based on training, study or experience”.