Elements Of Evidence

Question 1

Section 6

purpose of evidence law

Answer 1

To help secure the just determination of proceedings by:

1. Providing for facts to be established by the application of logical rules; and
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

EG Christmas Day

Question 3

Facts formerly admitted

Answer 3

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

Question 4

Presumptions of law

And example

Answer 4

Are inferences that have been expressly drawn by law from particular facts.
They may be either conclusive or rebuttable.

EG, 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

Presumptions of fact

And Example

Answer 5

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

EG, 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

4 factors to decide whether evidence is admissible

Answer 6

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

Question 7

Section 7

Relevance

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

Section 8

Fairness
Evidence may be excluded if?

Answer 8

Evidence may be excluded if:

• it would result in some unfair prejudice in the proceeding
• it has been obtained in circumstances that would make it’s admission against the defendant unfair

Question 9

Section 8 test involves?

When will evidence be admitted under section 8?

Answer 9

The section 8 test involves the probative value of evidence against the risk that it will:

• have an unfairly prejudicial effect on the proceeding
• needlessly prolong the proceeding

Evidence will be admitted under section 8 if it’s value outweighs the risk of any prejudicial effect

Question 10

Voir Dire

Answer 10

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 11

Exceptions

Answer 11

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.