Elements of Evidence Flashcards
What is the purpose of the Evidence Act 2006?
Section 6
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; and
(b) providing rules of evidence that recognize 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?
Good evidence establishes what you are trying to prove.
The facts must prove the elements of the charge and the evidence should be made up of facts that prove that charge.
What is the general rule for establishing facts?
A general rule of evidence is that all facts in issue and facts relevant to the issue must be proved by evidence
What does it means when a Court takes 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.
Outline the uncontroverted facts legislation - s128 Evidence Act 2006.
A Judge or jury may take notice of facts so known and accepted either generally or in the locality in which the proceeding is being held that they cannot reasonably be questioned.
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 proceedings involve a jury, may direct the jury in relation to this matter.
Define presumptions of law
Presumptions of law are inferences that have been expressly drawn by law from particular facts and may be either conclusive or rebuttable.
e.g. a child under 10 yrs is unable to be convicted
Define presumptions of fact
Presumptions of fact are those that the mind naturally and logically draws from the given facts. They are simply logical inferences, and are always rebuttable.
e.g. one presumes that a person has guilty knowledge if they have possession of recently stolen goods.
What are the principles for determining admissibility?
- relevance
- reliability
- unfairness
Outline the fundamental principle for admissibility -
Section 7 Evidence Act 2006
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.
What factors lead to inadmissibility or exclusion of evidence?
Inadmissibility or exclusion will usually be due to a lack of reliability, fairness, public interest, or a combination of these factors.
Even though evidence is relevant, it may be excluded if it would result in unfairness. What are the two ways unfairness usually arises?
- Evidence may be excluded if it would result in some unfair prejudice in the proceeding.
- Evidence not prejudicial may still be excluded where it has been obtained in circumstances that would make its admission against the defendant unfair. e.g. confession obtained by improper or unfair methods.
Outline the general exclusion provision - s8 Evidence Act 2006 (a.k.a s8 test)
In any proceeding, the Judge must exclude evidence if its probative value is outweighed by the risk that the evidence will—
(a) have an unfairly prejudicial effect on the proceeding; or
(b) needlessly prolong the proceeding.
The Judge must take into account the right of the defendant to offer an effective defense.
What is meant by evidence on “Voir Dire”?
Evidence given by a witness to prove facts necessary to deciding whether some other evidence should be admitted in a proceeding. Such a hearing is commonly referred to as a “voir dire”. Sometimes referred to as “preliminary facts hearing”.
