8 Evidence

Question 1

Ways of giving evidence?

Answer 1

Ordinary way

Alternative way

In any other way

Question 2

Purpose and

6 objectives of Evidence Act 2006?

Answer 2

Purpose is to help secure the just determination of proceedings by:

Providing for facts to be established

Providing rules of evidence

Promoting fairness

Protecting rights of confidentiality and public interest

Avoiding unjustifiable expense and delay

Enhancing access to the law of evidence

Question 3

What evidence is not admissible?

Fundamental principle that relevant evidence is admissible

Answer 3

Inadmissible under any act

Excluded under any act

Not relevant

*evidence is relevant if it has a tendency to prove or disprove anything of consequence

Question 4

When must a judge exclude evidence?

S8 General Exclusion

Answer 4

Have an unfairly prejudicial effect on the proceeding

Needlessly prolong the proceeding

Question 5

S8 Test?

Probative value VS Predjudicial effect

Answer 5

If probative value outweighs Predjudicial risk that evidence may be admitted

Question 6

Woolmington Principle? (Presumption of innocence)

Answer 6

The burden of proof lies with the prosecution in relation to all elements of the offence

Question 7

What is reasonable doubt?

Answer 7

A very high standard of proof met only if the jury is sure the defendant is guilty

Question 8

Balance of probabilities?

Answer 8

Is more probable than not

Question 9

Who must make oaths or affirmations?

Answer 9

Witnesses who are 12 years of age or older

Under 12 must be informed by the judge of the importance of telling the truth and must make a promise to tell the truth

Question 10

(Q) What should be done if a witness refreshes their memory prior to trial?

Answer 10

Defence should be made aware and a copy of the statement used made available

Question 11

4 steps of disclosure?

Answer 11

Initial disclosure

Full disclosure

Defence disclosure

3rd party disclosure

Question 12

When must full disclosure be made?

Answer 12

As soon as reasonably practicable after a defendant has:

Pleaded not guilty

If a child or YP makes a first appearance

Question 13

Reasons for giving evidence in an alternative way?

Answer 13

Age or maturity

Impairment of the witness

The trauma suffered

Fear of intimidation

Linguistic or cultural background

Nature of the proceeding

Nature of the evidence the witness will give

Relationship of the witness to any party

Absence from NZ

Question 14

Eligibility of self defended

Answer 14

Do not need judicial permission to testify

Question 15

An associated defendant is not compellable to give evidence unless?

Answer 15

Being tried separately from the defendant
or
The proceeding against them has been determined

Question 16

Meaning of associated defendant?

Answer 16

A person against who a prosecution has been instituted for:
An offence that arose in relation to the same events for which the defendant is prosecuted

An offence that relates to the offence for which the defendant is prosecuted

Question 17

S73 Evidence Act 2006

Defendant eligibility and compellability

Answer 17

A defendant facing a criminal trial is an eligible but not compellable witness for the prosecution or defence

Question 18

A party may offer propensity evidence about any person subject to what restrictions?

Answer 18

About a defendant offered in accordance with s41, 42 or 43

About a complainants sexual experience offered in accordance with s44

Question 19

S41(2) Propensity evidence about defendants

Answer 19

By offering evidence of his or her propensity to act in a good fashion the defendant opens the door to rebutting evidence

Question 20

S43 Propensity only admissible where…?

Answer 20

it has a probative value in relation to an issue in the proceeding which outweighs the risk that it may have an unfairly prejudicial effect

Question 21

What is hearsay?

Answer 21

A statement that was made by a person other than a witness and is offered in evidence to prove the truth of its contents

Question 22

When is hearsay admissible?

Answer 22

Circumstances relating to the statement provide reasonable assurance that the statement is reliable; and either

The maker is unavailable

Undue expense or delay would be caused if the maker were required

Question 23

Reasons for unavailability?

Answer 23

Dead

Outside NZ

Unfit to be a witness

Cannot be identified or found

Is not compellable

Question 24

(Q) When may you withhold information in relation to disclosure for violent offending?

Answer 24

If disclosure is likely to endanger the safety of any person (s16(1)(b))

Question 25

Alternate ways of giving evidence?

Answer 25

In the courtroom but unable to see the defendant or some other specified person

From an appropriate place outside the courtroom, in NZ or elsewhere

By video record made before the hearing of the proceeding

Question 26

General rule of eligibility and compellability?

Exception to the rule?

Answer 26

All persons are eligible to give evidence (lawfully able) all persons who are eligible are compellable

Some witnesses will lack the capacity to give rational and coherent testimony. May be unfit because of age or physical or mental condition

Question 27

s46 When is voice identification evidence admissible?

Answer 27

It is inadmissible unless the prosecution proves on the balance of probabilities that the circumstances in which the identification was made have produced a reliable identification