Establishing Facts, Exceptions and Presumptions Flashcards
What is the 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.
Define the Exceptions of the general rule?
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.
What is a 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.
Think of example of Christmas date being accepted by Judicial note instead of getting an expert in to announce Christmas is celebrated in NZ on the 25th.
What is S128 EA06 Notice of uncontroverted facts?
(1) 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.
(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 proceedings involve a jury, may direct the jury in relation to this matter.
What is S129 EA06 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 sources of information 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).
Define facts formally admitted.
In trial the council from either party can accept that some evidence is accepted or proven at the outset, so It does not need be discussed. S9(2) and 9(3) EA 06 provide that the defendant or prosecution may admit any fact, and therefore dispense proof of that fact.
Define Presumptions of law.
Presumptions of law are inferences that have been expressly drawn by law from particular facts. Presumption of law may be conclusive or rebuttable. IE: A conclusive and irrebuttable presumption is that a child under 10 years is unable to be convicted. A rebuttable presumption would be all defendants are innocent until proven guilty.
Define Presumption of fact.
Presumption of fact are those that the mind naturally and logically draws from the given facts. (Think a person has guilty knowledge when they are in possession of recently stolen goods).
Presumption of fact are simply logical inferences and so are always rebuttable.
