Elements of Evidence

Question 1

What is the purpose of evidence law?
(Section 6)

What is the purpose of the Evidence Act 2006. Six things. PPPPAE

Answer 1

To help secure the just determination of proceedings by:

1. Providing for facts to be established by the application of logical rules;
2. Providing rules of evidence that recognise the importance of the rights affirmed by the New Zealand Bill of Rights Act 1990;
3. Promoting fairness to parties and witnesses;
4. Protecting the rights of confidentiality and public interests;
5. Avoiding unjustifiable expense and delay;
6. Enhancing access to the law of evidence.

Question 2

What is Judicial notice?

Answer 2

The court will find that a fact exists or direct a jury to do so even though evidence has not been established.

Example: Christmas Day.

Question 3

What are facts formerly admitted?

Answer 3

Either council can accept that some evidence is accepted or proven at the outset so need not be discussed.

“Your statement is taken as handup”

Question 4

What are presumptions of law?

Answer 4

Inferences that have been expressly drawn by law from particular facts.

They may be either conclusive or rebuttable.

Example: A conclusive and irrebuttable presumption would be that a child under 10 is unable to be convicted (CA, s21(1)). A rebuttable presumption would be that all defendants are innocent until proven guilty.

Question 5

What are presumptions of fact?

Answer 5

Presumptions of fact are those that the mind naturally and logically draws from the given facts.

Example: 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.

Question 6

What are the 4 factors to decide whether evidence is admissible?

Answer 6

1. Relevance,
2. Reliability,
3. Unfairness,
4. Public interest.

Question 7

What is relevance in evidence law?
(Section 7)

Answer 7

(3) Evidence is relevant if it has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding.

Question 8

What does the Section 8 (Excluding evidence) test involve?

Answer 8

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;
• Needlessly prolong the proceeding.

Evidence will be admitted under Section 8 if its value outweighs the risk of any prejudicial effect.

Question 9

What is a Voir Dire?

Answer 9

A hearing to determine the admissibility of evidence.

A witness gives evidence to prove the facts necessary for deciding whether some other evidence should be admitted in a proceeding.

The jury is excluded.

Question 10

What are the exceptions to the general rule of evidence?

When no evidence needs to be given of facts

Answer 10

The two main exceptions are when no evidence needs to be given of facts because:

• Judicial notice is taken;
• The facts are formally admitted.