Elements of Evidence Flashcards
- S6 - Purpose of Evidence Law
The Act aims to “help secure the just determination of proceedings” through the six objectives set out in s6:
- (a) providing for facts to be established by the application of logical rules; and
- (b) providing rules of evidence that recognise the importance of the rights affirmed by the New Zealand Bill of Rights Act 1990; and
- (c) promoting fairness to parties and witnesses; and
- (d) protecting rights of confidentiality and other important public interests; and
- (e) avoiding unjustifiable expense and delay; and
- (f) enhancing access to the law of evidence.
S6 will affect the decisions that are made about evidence in cases that you present.
- Facts that prove the charge
Good evidence establishes what you are trying to prove. The facts must prove the elements of the charge, and the evidence should be made up of facts that prove that charge.
- Facts In Issue
The facts in issue are the facts which in law need to be proven to succeed with the case. In criminal cases, the facts in issue are usually those which are alleged by the charging document and denied by a plea of not guilty. Facts relevant to the facts in issue tend to prove or disprove a fact in issue.
Circumstantial Evidence
Circumstantial evidence is a fact from which the judge or jury may infer the existence of a fact in issue. As more circumstances lead to the inference, the chain of circumstantial evidence becomes stronger, to the point where the pieces of circumstantial evidence, viewed as a whole, are sufficient to prove guilt.
General Rule
A general rule of evidence is that all facts in issue and facts relevant to the issue must be proved by evidence.
Exceptions
The two main exceptions are when no evidence needs to be given of facts because:
- judicial notice is taken
- the facts are formally admitted.
- Judicial Notice
When a court takes judicial notice of a fact, it declares that it will find that the fact exists, or will direct the jury to do so even though evidence has not been established that the fact exists.
S128 & 129 - Judicial Notice
Section 128 is concerned only with facts that are facts in issue or relevant to a fact in issue.
Section 129 codifies the common law exception to the hearsay rule that admitted accredited histories, scientific works and maps may be admitted as evidence in order to prove facts of a public nature.
S9 - Facts Formally Admitted
Provide that the defendant or the prosecution may admit any fact, and therefore dispense with proof of that fact.
Presumptions
Where no direct evidence is offered or is obtainable, disputed facts are sometimes inferred from other facts which are themselves proved or known.
Presumptions may be of law or of fact.
- Presumptions of Law
Presumptions of law are inferences that have been expressly drawn by law from particular facts. Either conclusive or rebuttable.
A conclusive and irrebuttable presumption would be that a child under ten years of age is unable to be convicted. A rebuttable presumption would be that all defendants are innocent until proven guilty.
- Presumptions of Facts
Presumptions of fact are those that the mind naturally and logically draws from the given facts.
Presumptions of fact are simply logical inferences, and so are always rebuttable.
- Determining admissibility
Evidence is admissible if it can be legally received by a court. If evidence cannot be received, it is inadmissible. The judge decides on admissibility.
In R v Burrows -“The party wishing to bring the evidence has the burden of showing the evidence is admissible. Admissibility is essentially a question of law which has no room for the application of varying standards of proof.
In deciding whether evidence is admissible, the courts have reference to certain principles of evidence law.
- relevance
- reliability
- unfairness
- S7 - Fundamental principle that relevant evidence admissible
(1) 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.
Relevance
Relevant evidence is defined as any “evidence that has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding”. It includes direct evidence and circumstantial evidence.
Relevant facts are not always admissible. For facts to be received in evidence, they must be both relevant and admissible. For example, evidence that was improperly obtained may be relevant, but may not be admissible.
Once received, the degree of probative force, or “weight”, to be given to the evidence is a question for the judge alone or for the jury.
Inadmissibility or exclusion will usually be due to a lack of reliability, fairness, public interest, or a combination of these factors.