Chapter 4: Testimony Flashcards
Before serving a summons, verify
- if they’re allowed to give evidence
- if they’re required to give evidence
- if they can refuse to give evidence
- what type of witness they’ll be
**Eligibility and compelibility s71
Any person is eligible to give evidence
A person who is eligible is compelable to give evidence
Lawfully able to give evidence on behalf of both prosecution and defence
Jurors giving evidence s72
Generally ineligible but if given permission by judge they are discharged and become a witness, jury proceeds with 11 jurors.
Compellability of defendant and associated defendants s73
A defendant is not compellable but can opt to give
An associated defendant is not compellable unless they are being tried separately or their proceeding has been determined I.e convicted or acquitted
Bank officers eligibility (P.O results)
No bank officer is compellible if the contents can be proven under business records via hearsay ruling s19
**Types of privilege (8) (can be waived by person)
- comms with legal advisors s54
- solicitors trust accounts s55
- prepatory materials for proceedings s56
- settlement negotiations or mediation s57
- comms with ministers of religion s58
- info from medical practicioners or psychologists s59
- against self incrimination s60
- informer s64
Comms with legal advisors s54
- Must be intended to be confidential
- for obtaining or giving legal services
- vested in person seeking or receiving legal services
- does not extend to comms make for dishonest purpose
- if overheard, doesn’t abrogated privilege
Preparatory materials for proceedings s56
Applies to comms made in relation to preparing for a proceedings, party to the preparations
- In respect of of comms between party and any person
- comms between legal advisor and any person
- info compiled or prepared by the party in relation to
- info complied or prepared as requested by the party in relation to
- documents not privileged in themselves become so when compiled
Comms with ministers of religion s58
Must have been made in confidence and made for purpose of obtaining spiritual advice, benefit or comfort.
Minister applied to Kaumatua.
*Info obtained by medical practicioner or clinical psychologists s59
Applies only to those consulting or being examined in relation to *drug dependency or *condition where behaviour may manifest as criminal conduct.
Doesn’t apply when it’s ordered by a judge or when it’s a by-product of criminal behaviour
Section encourages people to seek help without fear of info getting out.
Self incrimination s60
Can be asserted if information could reasonably lead to or increase the likelihood of the prosecution of that person for a criminal offence (other than the one being tried for).
Informer privilege a64 (includes UC police)
In respect of information that may disclose their identity
Will be disalowed by judge if there is a prima facie case for info being given dishonestly or to aid an offence
Confidentiality s68 s69
Jury deliberations- evidence not to be given of them unless Judge finds exceptional circumstances
S68 - journalist informants do not have to be named, unless high Court Judge decides ID outweighed adverse effects or the comms involved
S69 the Judge can prevent disclosure of anything they deem to be confidential after weighing up factors in s69 incl potential harm, nature of comms and proceedings, sensitivity of evidence, delay since comms made, privacy of a victim
SA**Corroboration s121 (4 types requiring)
Corroboration not lawfully required in all cases and one witnesses testimony unsupported by other evidence is suffice to prove a case except for
PERJURY
*False oaths
False statements or declarations
*TREASON
Under s122 if judge believes the uncorroborated evidence is unreliable they can warn the jury of need for caution in relation to relying on uncorroborated evidence
Child evidence corroboration s125
A warning does NOT have to be given in relation to a child’s uncorroborated evidence if a warning is not required had they been an adult.
