Elements of Evidence Flashcards
What are the six objectives of the Evidence Act 2006 (P/PF/PR/PF/PROC/AUE/EA)?
The purpose of this act is to help secure the just determination of proceedings by:
a) providing for facts to be established by the application of logical rules
b) providing rules of evidence that recognise the importance of the rights affirmed by NZ BORA90
c) promoting fairness to parties and witnesses
d) protecting rights of confidentiality and other important public interests
e) avoiding unjustifiable expense and delay
f) enhancing access to the law of evidence
Explain the term ‘facts to prove the charge’
The facts must prove the elements of the charge, and the evidence should be made up of facts that prove the charge.
In each case, the actual charge and the elements of it should be borne in mind when deciding what evidence is relevant and what evidence will help prove the guilt of the person charged.
What are the presumptions of law? Provide an example.
Inferences that have been expressly drawn by law from particular facts.
May be conclusive or rebuttable.
Conclusive and irrebuttable example - a child under ten years is unable to be convicted (s21(1) CA61.
Rebuttable example - all defendants are innocent until proven guilty
What is presumption of fact? Provide an example.
Those that the mind naturally and logically draws from the given fact.
E.g., one 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.
What is the general rule in relation to establishing facts?
All facts in issue and facts relevant to the issue must be proved by evidence.
A general rule of evidence is that all facts in issue and facts relevant to the issue must be proved by evidence. What are the two main exceptions?
The two main exceptions to the general rule are when no evidence needs to be given of facts because:
- Judicial notice is taken
- The facts are formally admitted
Explain the concept of judicial notice (s128 & s129 EA06)
When a court takes a 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.
E.g., if the date of Christmas were a fact in issue, judicial notice would be taken of the date.
In deciding whether evidence is admissible, the courts have reference to certain principles of evidence law:
- Relevance
- Reliability
- Unfairness
All relevant evidence is admissible in a proceeding except evidence that is -
- inadmissible under this Act or any other Act; or
- excluded under this Act or any other Act
What does the term relevant evidence not include?
Relevant evidence excludes any extraneous matters that do not relate to the precise issue or issues to be determined by the court.
Even though evidence is relevant, it may be excluded if it would result in unfairness. Unfairness can cover a variety of situations and is a matter of discretion for the trial Judge. It usually arises in two ways:
- Evidence may be excluded if it would result in some unfair prejudice in the proceeding
- Evidence may be excluded where it has been obtained in circumstances that would make its admission against the defendant unfair (e.g., defendant admission obtained by unfair or improper methods)
S8(1) EA06 - General Exclusion - In any proceeding, the Judge must exclude evidence if its probative value is outweighed by the risk that the evidence will -
- have an unfairly prejudicial effect on the proceeding; or
- needlessly prolong the proceeding
Explain s15 EA06
- Governs evidence given by a witness to prove the facts necessary for deciding whether some other evidence should be admitted in a proceeding.
- Such a hearing is commonly referred to as a ‘hearing in chambers’ or ‘chambers hearing’, particularly where the jury is excluded from the courtroom for the duration of the admissibility hearing.
- Facts determined at a hearing in chambers are sometimes referred to as ‘preliminary facts’ or ‘preliminary hearing’.
- Evidence given at a hearing in chambers will be admissible in other stages of the proceedings only if the evidence given by the witness at this hearing is inconsistent with the witness’s subsequent testimony at another stage of the same proceeding. It is admissible in order to demonstrate the inconsistency.
Specific restrictions aside, if evidence is admitted, for what purposes can it be used?
Admissible evidence may be used in different ways and for different purposes in a proceeding, not necessarily only for the purpose for which it has been admitted.
