Elements of Evidence Flashcards
Purpose of Evidence Law
Section 6 Evidence Act 2006
Purpose:
The purpose of this act is to “help secure the just determination of proceedings” by:
(a) providing for facts to be established by 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 Act 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 of of facts that prove that charge. In each case, the actual charge and the elements of it should be borne in mid when deciding what evidence is relevant and what evidence will help prove the guilt of the person charged.
Circumstantial Evidence
As more circumstantial evidence lead to inference, the chain of circumstantial evidence becomes 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 of Evidence
A general rule of evidence is that all facts in issue and facts relevant to the issue must be proved by evidence.
Establishing Facts, Exceptions and Presumptions
General Rule of Evidence - Exceptions
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.
Establishing Facts, Exceptions and Presumptions
Judicial notice
When a court takes 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. Date of Christmas Day. No need to call expert witness on establishing Christmas Day is celebrated on 25th December.
Establishing Facts, Exceptions and Presumptions
Judicial notice
s128 Evidence Act 2006
Notice of uncontroverted facts:
(1) A Judge or jury may take notice of facts so known and accepted either generally or in a locality in which the proceeding, they cannot reasonably be questioned.
(2) A Judge may take notice of facts capable of accurate and ready determination by reference to sources, whose accuracy cannot reasonably be questioned and, if the proceeding involve a jury, may direct the jury in relation to this matter.
Establishing Facts, Exceptions and Presumptions
Judicial notice
s129 Evidence Act 2006
Admission of reliable published documents:
(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 on the subjects to which they respectively relate.
(2) Subpart (1) of Part 2 (which relates 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).
Establishing Facts, Exceptions and Presumptions
Facts Formally Admitted
In a trial, the counsel for either party can accept that some evidence is accepted or proven at outset, so it need not be discussed.
Establishing Facts, Exceptions and Presumptions
Presumptions
Where no direct evidence is offered or is obtainable, disputed facts are sometimes inferred from other known or proved facts. In such cases, the inference is called presumption.
Presumption may of law or of fact.
Establishing Facts, Exceptions and Presumptions
Presumptions of Law
Presumption of law are inferences that have been drawn by law for particular facts.
Presumption of law ,may be either conclusive or rebuttable.
Conclusive: <10 years unable to be convicted.
Rebuttal: Presumption of innocence.
Establishing Facts, Exceptions and Presumptions
Presumptions of Fact
Presumption of fact are those that the mind naturally or logically draws from the given facts. e.g. one presumes that a person is guilty knowledge if they have possession of recently stolen goods.
Presumption of facts are simply logical inferences, and so are always rebuttable.
Admissibility and the Principle of Evidence Law
Determining Admissibility
In deciding whether evidence is admissible, the courts have reference to certain principles of evidence law:
- Relevance
- Reliability
- Unfairness
- Public Interest
Admissibility and the Principle of Evidence Law
Determining Admissibility
Relevance
Section 7 Evidence Act 2006
Fundamental principle that relevant evidence admissible:
(1) All relevant evidence is admissible in a proceeding except evidence that is -
(a) inadmissible under this act or any other act; or
(b) excluded under this act or any other act.
(2) Evidence that is not relevant is not admissible in a proceeding.
(3) Evidence is relevant in a proceeding if it has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding.
Admissibility and the Principle of Evidence Law
Reliability
Although unreliability is not a general ground of inadmissibility. It is important to ensure evidence is reliable as relevant evidence may sometimes be excluded.