Elements of Evidence Flashcards
Purpose of evidence
The purpose of this Act is to “help secure the just determination of proceedings” through the six objectives set out in sec.6:
(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 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.
What makes good evidence
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. If the only facts that are open to proof or disproof are facts in issue then many cases simply could not be proven. Ie no witnesses to give direct evidence of a crime. However, physical evidence may be located during a search, or witnesses may be found who can each supply a piece of evidence, which when put together provide a picture of what happened. These are all facts relevant to the facts in issue.
Circumstantial evidence-Circumstantial evidence is a fact from which the Judge or Jury may infer the existence of a fact in isssue. As such, it offers indirect proof of a fact in issue. As more circumstances lead to the inference, the chain of circumstantial evidence grows stronger, to the point where the pieces of circumstantial evidence, viewed as a whole, are sufficient to prove guilt.
Establishing facts, exceptions and presumptions
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 to the general rule are when no evidence needs to be given because:
Judicial notice is taken.
The facts are formally admitted.
Judicial notice
When a court takes judicial notice of a fact, it declares the fact 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. IE if the date of Christmas Day is an issue-fact that it lands on 25th of December every year will be declared.
The Evidence Act 2006 provides for judicial notice in ss128 and 129, which provide that:
128 Notice of uncontroverted facts
(1) A Judge or Jury may take notice of facts so known and accepted either generally or in the locality in which the proceeding is being held that they cannot reasonably be questioned.
(2) A Judge may take notice of facts capable or accurate and ready determination by reference to sources whose accuracy cannot be reasonably be questioned and, if the proceedings involve a Jury, may direct the Jury in relation to this matter.
129
(1) A Judge may, in matters of public history, literature, science or art, admit as evidence any published documents that the Judge considers to be reliable sources of information on the subjects to which they respectively relate.
(2) Subpart 1 of Part 2 (which relate to hearsay evidence) and subpart 2 of Part 2 (which relates to opinion evidence and expert evidence) do not apply to evidence referred to under subsection (1).
Section 128 is concerned only with facts that are facts in issue or relevant to a fact in issue.
Section 129 codifies (joins) 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.
Facts formally admitted
In a trial, the counsel for either party can accept that some evidence is accepted or proven at the outset, so it need not be discussed. Sections 9(2) and 9(3) of the Evidence Act 2006.
Presumptions
Where no direct evidence is offered or is obtainable, disputed facts are sometimes inferred from other facts which are themselves proved or known. In such cases, the inference is called a presumption.
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.
For example, a conclusive and irrebuttable presumption would be a child under 10 years of age is unable to be convicted. Sec.21(1) Crimes Act 1961.
A rebuttable presumption would be that all defendants are innocent until proven guilty.
Presumptions of fact
Presumptions of fact are those that the mind naturally and logically draws from the given facts. For example, on presumes that a person has guilty knowledge if they have possession of recently stolen goods.
Presumptions of fact are simply logical inferences, and so are always rebuttable.
