Elements Of Evidence Flashcards
Purpose of evidence law.
Section 6 Evidence Act. What is it?
The evidence act aims to help secure the just determination of proceedings.
What are the six objectives set out in Section 6 of the Evidence Act which sets out the purpose of the act?
(a) providing for facts to be established by the application of logical rules and;
(b) providing rules of evidence that recognize the importance of the rights affirmed by the NZBORA 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 in issue: that prove the charge:
- facts relevant to the facts in issue
- physical evidence
- witnesses who can supply a piece of evidence when put together provide a picture of what happened.
Circumstantial evidence:
- facts which an inference may be drawn as to the existence of a fact in issue.
What is the general rule of evidence?
A general rule of evidence is that all facts in issue and facts relevant to the issue must be proved by evidence.
Exceptions to the general rule?
The two main exceptions to the general rule are when no evidence needs to be given of facts because;
(i) judicial notice is taken
(ii) the facts are formally admitted
What is judicial notice?
Where a fact is clearly established when evidence has not established the fact exists.
Eg: no witness needed to establish Christmas Day is on 25th.
S128 Notice of Uncontroverted Facts
Facts known or generally accepted.
S129 Admission of Reliable Published Documents
Can admit as evidence reliable sources of information ok subjects to which they respectively relate.
Facts Formally Admitted. Explain
Facts that are accepted or proven at the outset so need not be discussed.
Presumptions. Explain
May be of law or fact.
When no direct evidence is obtainable disputed facts may be inferred from other facts which are proved or known.
The inference is called a presumption.
Explain presumption of law.
Inferences that have been expressly drawn by law from particular facts.
May be either conclusive or rebuttal.
Explain presumptions of fact.
Presumptions of fact are those that the mind naturally and logically draws from the given facts.
Are logical inferences and so are always rebuttal.
Determining Admissibilty
Evidence is admissible if it can be legally received by the Court.
If evidence can not be received it is not admissible.
What are the three principles or evidence law?
Relevance
Reliability
Unfairness
Explain relevance.
The fundamental condition for the admissibility of evidence is that it must be relevant.
Section 7 EA
Explain reliability
Unreliability is not a general ground of inadmissibility however the Act contains specific exception to this outlined in S122.
Relates to hearsay and identification evidence.
Explain fairness and general exclusion under S8
Relevant evidence may be excluded if it would result in unfairness such as:
Unfair prejudice in the proceeding
Where evidence was obtained in circumstances that would make its admission against the defendant unfair.
Eg: defendants statement obtained by unfair or improper means.
