Chapter 9.1 - Evidence Part 2 Flashcards

1
Q

How many days after the commencement of proceedings should initial disclosure should be made?

A

Generally not later than 15 working days

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2
Q

Evidence act section 79

A

Support persons

A complainant, child witness and any other witness is entitled to support person. Must have permission of the judge

Must disclose the name of each party who is offering support

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3
Q

Alternative ways of giving evidence, grounds on which the judge may order this

A

The age and maturity of the witness
The physical, intellectual, psychological or psychiatric impairment of the witness
Trauma suffered by the witness witness fear of intimidation
Cultural, linguistic background
Nature of proceeding
Nature of evidence the witness is expected to give
Relationship of the witness to any party to the proceeding
Absence or likely absence of the witness from New Zealand

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4
Q

Alternative ways of giving evidence

A

Video recorded
Behind a screen while in the court room
From an appropriate place outside the courtroom

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5
Q

Section 72 evidence act

A

Judges, jurors and counsel

Judges unable to give evidence

Jurors and counsel unable to give evidence unless they have permission from the judge

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6
Q

Section 73 evidence act

A

Compellability of defendants and associated defendants in criminal proceedings

A defendant is not a compellable witness for either prosecutions or defence

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7
Q

Types of privilege

A

Privilege for communications with legal advisors - section 54
Privilege and solicitors trust accounts - section 55
Privilege for predatory materials for proceedings - section 56
Privilege for settlement negotiations, mediations or plea discussions -section 57
Privilege for communications with ministers of religion - section 58
Privilege for information obtained by medical practitioners and psychologists - section 59
Privilege against self incrimination - section 60
Informer privilege - section 64

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8
Q

Two types of character evidence

A

Veracity (disposition to refrain from lying)

Propensity (tendency to act in a particular way)

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9
Q

Section 41 evidence act

A

Propensity evidence about defendants

May offer good, bad or neutral propensity

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10
Q

Section 42 evidence act

A

Propensity evidence about co defendants

Defendant may only offer propensity evidence about a co offender if the evidence is relevant to a defence raised or proposed to be raised by a defendant

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11
Q

Section 43 evidence act

A

Propensity evidence raised by prosecutions about a defendant

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12
Q

Assessing probative value of propensity evidence things to consider

A

The frequency of acts demonstrating the defendants propensity increases the probative value of the evidence

How closely the propensity act and the alleged offending has taken place

Similarity between the previous act and those currently alleged

Number of people making allegations

Whether allegations may be the result of collusion

Do the acts share similar unusual features

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13
Q

What is hearsay?

A

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

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14
Q

Section 18 evidence act

A

Main exceptions to hearsay rule

Two main criteria for hearsay evidence to be admissible

Reliability
Unavailability or undue expense or delay

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15
Q

A person is unavailable as a witness in a proceeding if

A

They are dead
Outside nz and it isn’t reasonably practicable for them to be a witness
Unfit to be a witness due to age, mental condition etc
Cannot with reasonable diligence be found or identified
Is not compelled to give evidence

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16
Q

Section 45 evidence act

A

Admissibility of identification evidence

Visual id made by way of formal procedure will be admissible unless defendant proves that it’s unreliable

If formal procedure is not followed I’d evidence is inadmissible unless there is a reason for following formal procedure

I’d procedure must be conducted by officers of enforcement agency (which includes agencies other than police)

Must be person alleged to have committed an offence

17
Q

Identification evidence - Formal procedure key points

A

Must be observed as soon as practicable after the offence

Suspect must be compared to no fewer than 7 other persons similar in appearance

Cannot indicate to the person who the suspect is

Person must be informed that suspect may or may not be in the procedure

Must be sworn as true and complete

18
Q

Reasons for not following formal procedure

A

Refusal of suspect to take part in procedure

Singular appearance of suspect

Substantial change in appearance after offence was committed

No one could reasonably anticipate that identification was an issue

If identification of suspect was made to officer soon after the offence

If identification of suspect was made after a chance meeting between the person who made the identification and the suspect

19
Q

Section 46 evidence act

A

Admissibility of voice identification evidence