Evidence

Question 1

What is evidence?

Answer 1

It is a whole body of material which a court or tribunal may take into account in reaching their decision
It may oral, written or in visual form

Question 2

The rules of evidence fall into which three categories?

Answer 2

• how evidence may be given
• who may give evidence
• what type of material may be given in evidence

Question 3

What is the definition of a Fact-Finder under the Act?

Answer 3

A judge or Jury

Question 4

What is the purpose of the Evidence Act? Section 6

6

Answer 4

To help secure the just determination of proceedings

• providing for facts
• providing rules of evidence
• promoting fairness
• protecting rights and confidentiality
• avoiding unjustified expense and delays
• enhancing access to the law of evidence

Question 5

Evidence must be what to be admissible in court?

Answer 5

Relevant & reliable

Question 6

When may a judge exclude evidence? Section 8

Answer 6

If the evidence will have an unfairly prejudicial effect or needlessly prolong the proceeding

Question 7

What is the fundamental principle of criminal law? Also known as the Woolminton Principle

Answer 7

The presumption of innocence

Question 8

In nz, who bares the burden of proof and what does that mean? (other than some exceptional circumstances)

Answer 8

Prosecution

It means they have to prove the case beyond reasonable doubt

Question 9

Give one example where the burden of proof falls on the defendant

Answer 9

The defense of insanity

Question 10

What are the 5 essential features of the adversarial system of justice developed through English common law?

Answer 10

1. The facts and evidence of the case
2. Each party decides which witnesses to be called & questions to be asked
3. Each party has the right to cross examine witnesses called by the opposing party
4. During the trial, the judge’s function is to ensure evidence is produced according to established rules
5. The defendant does not have to give evidence or contribute in any way

Question 11

Who must take an oath or affirmation before giving evidence?

Answer 11

Witnesses who are 12 years of age or older unless otherwise approved by the judge

Question 12

What are the 4 steps that make up pre-trial disclosure?

Answer 12

• initial disclosure by the prosecution
• full disclosure by the prosecution
• defence disclosure
• third party disclosure

Question 13

At any time after a person has been charged with an offence, if they request information about an identification witness, the prosecutor MUST supply:
(3)

Answer 13

• the name of each witness (if permitted under section 17)
• a statement of the description of thr offender given by each witness
• a copy of any identikit picture or other drawing

Question 14

What are 3 alternative ways that a witness could give evidence if approved by a judge?

Answer 14

• in the courtroom but behind a screen or one way mirror
• from an appropriate place outside the courtroom
• by a video record made before the hearing of the proceeding

Question 15

What are the two classes of character evidence?

Answer 15

Veracity - disposition to refrain from lying

Propensity - tendency to act in a particular way

Question 16

Give two examples of the ordinary way of giving evidence

Answer 16

• Orally in the courtroom in the presence of a judge (or judge and jury)
• A affidavit filed in court or by reading a written statement in court

Question 17

Who is defined as a child complainant?

Answer 17

A complainant who is under the age of 18 when the proceeding commences (when the charging document is filed, not at the beginning of the trial)

Question 18

The fundamental condition for the admissibility of evidence is that it must be what?

Answer 18

Relevant

- if not relevant it will not be admissible