8) Evidence Flashcards
Purpose of Act
Section 6
Evidence Act 2006
help to secure the just determination of proceedings by:
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
e) Avoiding unjustifiable expense and delay
f) enhancing access to the law of evidence
Rules of evidence admissibility
Section 7
Evidence Act 2006
- all evidence is admissible unless:
- inadmissible under this act
- excluded under this act
- evidence that is not relevant is excluded
- any evidence that proves or disproves is relevant
fairness and general exclusion
Section 8 - general exclusion
Evidence Act 2006
- Judge must exclude evidence if:
-has unfair prejudicial effect on proceeding
-needlessly prolong the proceeding - Judge must consider rights of defendant
Admission by agreement
Section 9
Evidence Act 2006
allows for admission of evidence where parties agree
eg: expert evidence (Police handup)
Burden of proof
Evidence Act 2006
The burden of proof lies clearly with the prosecution in relation to all of the elements of the offence
- except insanity defence
Standard of proof
Evidence Act 2006
Beyond reasonable doubt
-prosecution standard
- “you are sure the accused is guilty”
vs.
Balance of probabilities
- defence required to prove an element
- “it is more probable than not”
Examination of witnesses
Section 84
Evidence Act 2006
In any proceeding (unless this act or another, or the judge directs otherwise)
a) a witness first gives evidence in chief and
b) the witness may then be cross examined by all parties other than the party calling the witness
c) the witness may then be re examined after cross examination
A witness giving evidence by affidavit or reading a written statement is to be treated as evidence in chief.
Corroboration
Section 121
Evidence Act 2006
Generally, one witness’s testimony, unsupported by any other evidence, will suffice to prove a case.
except - perjury and treason
Veracity and propensity
Evidence Act 2006
Veracity: is the disposition of a person to refrain from lying
Propensity: is the person’s tendency to act in a particular way or have a particular state of mind
Hearsay
Section 18
Evidence Act 2006
Generally not admissable
except:
circumstances relating to the statement provide reasonable assurance the statement is reliable and
either - the maker of the statement is unavailable
or the Judge considers undue expense/delay in requiring maker of statement to attend
Visual evidence
Section 45
Evidence Act 2006
Admissible if follow formal proceedure:
* no fewer than 7 other persons similar appearance
* give no indication
* written record of proceedure
* certified true by officer conducting proceedure
or good reason not to follow formal proceedure
should prevent dock indentification for first time
Voice identification
Section 46
Evidence Act 2006
Voice ID is generally inadmissible
Hostile witness
Exhibits lack of veracity
Gives inconsistent evidence
Refuses to answer or withholds evidence
if declared “hostile”
deploy leading questions
probe accurancy of answers
use other evidence to challenge answer
Admissibility of evidence
Evidence Act 2006
Not admissible if excluded under:
* the reliability rule (s28)
* oppression (s29)
* the improperly obtained evidence rule (s30)
