Chapter 8: Evidence

Question 1

When must full disclosure be made

Answer 1

As soon as reasonably practical
Pleaded not guilty
First appearance in a youth court

Question 2

If a violent offender requests full disclosure must it be given?

Answer 2

No. Not in a case where it is likely to endanger the safety of any person

Question 3

Is a Defendant compellable to give evidence?

Answer 3

No, but they are eligible

Question 4

Explain propensity evidence

Section 41 Evidence Act 2006

Answer 4

Incorporates the ability to offer evidence of a good propensity.
It allows Defendant to offer evidence of disruptable conduct
The Defendant opens the door to rebutting evidence by prosecutor

Question 5

Hearsay

Answer 5

A statement made by a person other than the witness and is offered as evidence at the proceeding to prove the truth of its contents

Question 6

Are Hearsay statements admissable

Answer 6

No, except where there is provision for admissibility in the evidence act 2006 or any other act.

Question 7

What are the main exceptions to Hearsay rule?

Answer 7

Reliability

Unavailability or undue expense or delay

Question 8

Are business records admissible?

Answer 8

Yes, where no useful purpose would be served by summoning or requiring the person to be a witness.