Elements of Evidence

Question 1

Establishing fact, exceptions and presumptions:

What is Judicial notice (pg 19)

Answer 1

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.

Question 2

Admissibility and the principles of evidence law:

Inadmissiblitity or exclusion will usually be due…

Relevance cont. (pg 22)

Answer 2

Inadmissibility or exclusion will usually be due to a lack of reliability, fairness, public interest or a combination of these factors. And relevance

Question 3

Admissibility and the principles of evidence law:

Section 8 Test (pg 23)

Answer 3

The s8 test involves balancing the probative value of evidence against the risk that it will:

• have an unfairly prejudicial effect on the proceeding (s8(1)(a)) or
• needlessly prolong the proceeding (s8(1)(b))

Question 4

What makes good evidence:

Answer 4

1. Facts that prove the charge - Facts must prove the elements of the charge and the evidence should be made up of facts that prove the charge.
2. Facts in issue – are the facts which in law need to be proven to succeed with the case. In criminal cases, the facts in issue are usually those which are alleged by the charging document and denied by a plea of not guilty.
3. Circumstantial evidence - Is a fact from which the judge or jury may infer the existence of a fact in issue. As such it offers indirect proof of a fact in issue.

Question 5

It is not necessary in court to prove ‘uncontroverted facts’ these are admitted as:

Answer 5

Judicial Notice (uncontroverted means: beyond doubt, unchallenged, uncontested)

Question 6

When can Judicial Notice not be taken:

Answer 6

A sexual complainant is under 16 years

Question 7

Facts formally admitted:

Answer 7

In trial counsel for either party can accept that some evidence is accepted or proven so it need not be discussed and therefore dispense with proof of that fact.

Question 8

Explain the term “facts that prove the charge”

Answer 8

Good evidence ESTABLISHES what you’re trying to prove (in light of the other purposes in s6). The FACTS must prove the ELEMENTS of the charge,andthe EVIDENCE should be made up of FACTS that prove that charge. FactsElements EvidenceChargeWhen deciding what evidence is RELEVANTandWhat will help PROVE the guilt of the person charged,the actual CHARGE and the ELEMENTS of it should be BORNE in mind

Question 9

It is not necessary in court to prove facts such as the season of summer in NZ, these facts are admitted as:

Answer 9

Judicial Notice

Question 10

It is not necessary in court to prove “uncontroverted facts”. These are admitted as:

Answer 10

Judicial Notice

Question 11

What is not an example where judicial notice can be taken?

Answer 11

The age of the complainant is under 16 yrs

Question 12

Who decides on admissibility?

Answer 12

The judge