Chapter 8 Evidence Flashcards
The rules of evidence fall into what 3 main categories.
● how evidence may be given
● who may give evidence
● what type of evidence may be given
What is the definition of admissible evidence
Evidence that is legally able to be received by the court
What is the definition of relevance
the tendency to prove or disprove anything that is of consequence
What is the definition of facts in issue
those that prosecution must prove to establish elements of offence, or those defence must prove to succeed
What is the definition of weight of evidence
degree of probative value that can be accorded
Define probative value
how strongly evidence assists in proving or disproving a matter
Define prejudicial
evidence which is adverse to a party’s case
Define child complainant
under 18 years of age at time proceedings commenced
Define child witness
witness who is a child when proceedings commence & a child complainant but not a defendant who is a child
What is a hearsay statement
a statement made by a person, other than a witness that is offered in evidence.
Define veracity
the likelihood of a person not to lie
Define propensity
a persons tendency to act and think a certain way
What is the purpose and what are the 6 objectives of the Act as defined in S.6
P - help secure the just determination of proceedings
● provide for facts to be established by logical rules
● provide rules in line with NZBORA
● promote fairness
● protect confidentially & public interest
● avoid unjustified expense
● enhance access to law of evidence
What is the fundamental principle for the admissibility of evidence
● evidence that is not relevant will not be admissible
● if Judge decides that evidence is relevant (subject to any other rules) a party will be entitled to present evidence about it.
Describe the S.8 test which balances the probative value of evidence against a risk that it might have an unfair effect
● evidence will be admitted if its probative value outweighs any risk of any unfairly prejudicial effect on the proceeding - or is strong enough to support prolonging of the proceeding.
● S.8 allows exclusion of evidence which would be unfair by distracting the judge from the real issues of the trial
● any assessment must also take into account the defendants right to offer effective evidence &right of fair trial
Outline S.9 - Admission by agreement
allows for admission of evidence where both parties agree. Useful for expert evidence when not in dispute
Describe the Woolmington principle - Burden of Proof
Burden of proof lies with the prosecution
What is the evidential burden on the defence
● evidence that suggests a reasonable doubt about the conclusions one would otherwise draw from prosecution case.
● evidence that suggests an explanation - e.g self defence
What are some exceptions to the Woolmington Principle
● defence of insanity
● person involved in suicide pact
What is the standard of proof for the prosecution
beyond reasonable doubt
In R v Wanhalla - what did the Court of Appeal say about reasonable doubt to assist jurors
beyond reasonable doubt is a high standard of proof which is only met if you are sure accused is guilty.
It is more than a persuasion that a person is probable guilty or very likely guilty
What is the burden of proof for the defence
on the balance of probabilities
must be more probable than not