Book Questions Flashcards
What are facts in issue
facts in issue are those which the prosecution must prove in order to establish the elements of theoffence or those which the defendant must prove in order to succeed with a defence, in respect of which he carries the burden of proof
what was held in woolmington vs dpp
held that the prosecution has a duty to prove the prisoners guilt subject to the defence of insanity and subject to statuatory exception, the burden of proof lies with the prosecution in relation to all of the elements of the offence
explain the difference between beyond reasonable doubt and on the balance of probabilities
beyond reasonable doubt is the standard of proof required for prosecutions to prove its case, it means that jurors must be satisfied of guilt before they can convict
balance of probabilities is the standard of proof required for a defence to prove a element. It means it must carry a reasonable degree of probability. eg more probable than not is sufficient, but if the probabilities are equal then it is not discharged
What are the 6 objectives of the evidence act
to secure just determination of proceedings by:
- providing for facts to be established by the application of logical rules
- providing rules of evidence which recognise the importance of the rights affirmed by the NZBORA 1990.
-promoting fairness to parties and witnesses
-protecting rights of confidentiality and other important public interests
avoiding unjustifiable expense and delay
enhancing access to the law of evidence
what are the two ways which unfairness usually arises and may result in the exclusion of evidence
evidence may be excluded if it would result in unfair prejudice in a proceeding
may be excluded where it has been obtained in circumstances which would make its admission unfair against the defendant. eg an improperly obtained statement of a confession from a defendant. Due to it being obtained improperly it is unfair
specific restrictions aside if evidence is admitted for what purpose can it be used
once evidence is admitted it can be used for all purposes. The statute proceeds on the basis that generally speaking evidence is either admissible for all purposes or it is not admissible at all. r v hart
what is the definition of a hearsay statement in the evidence act 2006
a statement that:
- was made by a person other than a witness and
is offered at a proceeding to prove the truth of its contents
what is the propensity rule of evidence
Evidence that tends to show a persons propensity to act in a particular way or have a particular state of mind. being evidence of acts omissions or events a person is alleged to have been involved, but does not include one of the elements of the offence the person is being tried, or the cause of action in the proceeding in question
define a expert under s4 evidence act 06
a person who has specialized knowledge or skill based on training study or experience
When would communication with a legal advisor be privileged?
When:
- the communication was intended to be confidential
- the communication was made for the purpose of obtaining or giving legal services
an associated defendant is not compellable to give evidence for or against a defendant unless two situations apply, what are they?
the associated defendant is being tried separately and
the proceeding against the associated defendant has been determined
what is the meaning of self incrimination under s4 of the evidence act?
the provision by a person of information that could reasonably lead to or increase the likelihood of the prosecution of that person for a criminal offence
what types of offences are considered by law required to be corroborated
perjury and related offences
treason
what is the role of a judge in a trial by jury
to decide all questions concerning admissibility of evidence
determine whether there is any evidence that is fit to be submitted to the jury for its consideration
explain and enforce the general principals of law to the point at issue
instruct the jury on the rules of law by which the evidence is to be weighed once it has been submitted
define leading question under s4 of the evidence act 06
a leading question is one that directly or indirectly suggests a particular answer to the question
