Chapter 8 - Evidence I Flashcards
Define the term Evidence.
A whole body of material which a court or tribunal – i.e in criminal cases the Judge or Jury may take into account in reaching their decision.
Given in: Oral, written, or visual forms
Describe the 3 main categories of Evidence.
The rules of evidence fall into three main categories:
• How evidence may be given
• Who may give evidence
• What type of material maybe given in evidence
Describe the 6 objectives set out in s6 of the Evidence Act 2006
- Providing for facts to be established by the application of logical rules, and
- Providing rules of evidence that recognise the importance of the rights affirmed by the NZ BOR Act 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.
Describe in your own words what this statement means – Relevance is a necessary but not a sufficient condition of admissibility under the 2006 Act.
If the judge decided that a piece of evidence is relevant, then subject to any other legal rules of inadmissibility or exclusion, the party will be entitled to present the evidence in the proceeding.
Who may decide on the probative force or ‘weight’ to be given the evidence?
Evidence, once received, the degree of probative force, or “weight” to be given to the evidence is a question for the trier of the fact (Judge alone or Jury).
Describe the admissibility rules relating to reliability.
If, in a criminal proceeding tried with a jury, the Judge is of the opinion that any evidence given in that proceeding that is admissible may nevertheless be unreliable, the Judge may warn the jury of the need for caution in deciding— whether to accept the evidence & the weight to be given to the evidence.
In a criminal proceeding tried with a jury the Judge must consider whether to give a warning under subsection (1) whenever the following evidence is given:
(a) hearsay evidence:
(b) evidence of a statement by the defendant, if that evidence is the only evidence implicating the defendant:
(c) evidence given by a witness who may have a motive to give false evidence that is prejudicial to a defendant:
(d) evidence of a statement by the defendant to another person made while both the defendant and the other person were detained in prison, a Police station, or another place of detention:
(e) evidence about the conduct of the defendant if that conduct is alleged to have occurred more than 10 years previously.
Under s8 of the Evidence Act evidence that is relevant may be excluded if it would result in some unfairness to the party against whom it is admitted. Can you provide an example of evidence that may be excluded because its admission may be considered unfair?
Evidence maybe excluded if it would result in some unfair prejudice in the proceeding.
The Defendant’s statement has been obtained by unfair or improper methods.
What sections cover the right of criminal defendants to present a defence?
Sections 8 evidence act, Section 25 NZ Bill or Rights Act
Under s9 Evidence may be admitted, even if it does not meet the criteria if the parties agree – what is the role of the Judge in this situation?
The judge has to ensure that the trial is fair and as such retains control of the process and may decline to admit the evidence even if all parties agree to it admission, or may not agree to admit it in the form agreed to by the parties. Most obvious example is the judge’s view the evidence or mode of offering it would amount to a breach of sec 8.
What is the Woolmington Principle more commonly referred to as?
The presumption of innocence.
Under the Woolmington Principle is the burden of proof with prosecution or defence?
The burden of proof lies clearly with the prosecution in relation to all the elements of the offence.
Section 7 - Evidence Act
Fundamental principle that relevant evidence admissible
All relevant evidence is admissible in a proceeding except evidence that is—
(a) inadmissible under this Act or any other Act; or
(b) excluded under this Act or any other Act.
(2) Evidence that is not relevant is not admissible in a proceeding.
(3) Evidence is relevant in a proceeding if it has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding
Section 8 - Evidence Act
General exclusion
(1) In any proceeding, the Judge must exclude evidence if its probative value is outweighed by the risk that the evidence will—
(a) have an unfairly prejudicial effect on the proceeding;or
(b) needlessly prolong the proceeding.
(2) In determining whether the probative value of evidence is outweighed by the risk that the evidence will have an unfairly prejudicial effect on a criminal proceeding, the Judge must take into account the right of the defendant to offer an effective defence.
Section 9 - Evidence Act
Admission by agreement
(1) In any proceeding, the Judge may,—
(a) with the written or oral agreement of all parties, admit evidence that is not otherwise admissible; and
(b) admit evidence offered in any form or way agreed by all parties.
(2) In a criminal proceeding, a defendant may admit any fact alleged against that defendant so as to dispense with proof of that fact.
(3) In a criminal proceeding, the prosecution may admit any fact so as to dispense with proof of that fact.
