Evidence

Question 1

3 categories for rules of evidence

Answer 1

How it is given
Who may give it
What type of material

Question 2

Purpose of Evidence Act 2006

FRAPE

Answer 2

Facts to be established by application of logical rules
Rules that recog BOR
Avoid unjustifiable expense or delay
Promote fairness to parties and witnesses
Enhancing access to law of evidence

Question 3

The fundamental condition for the admissibility of evidence is that is must be….

Answer 3

Relevant

Question 4

What is the fundamental principle in criminal law re presumption of innocence known as?

Answer 4

Woolmington Principle

Question 5

Standard of proof for prosecution v defence

Answer 5

Beyond reasonable doubt v balance of probabilities

Question 6

What age must children start to take oaths or affirm?

Answer 6

12 and older (11 and under promise to tell truth)

Question 7

When is full disclosure due for adults and youth?

Answer 7

After NG plea entered or first appearance in Youth court

Question 8

Rough definition of propensity evidence

Answer 8

Evidence that tends to show someone’s propensity to act in a particular way or have a particular state of mind, being evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved

Question 9

When is hearsay evidence admissible

Answer 9

Circumstances provide reasonable assurance that statement is reliable and either maker is unavailable as witness or Judge considers undue expense or delay in req’d to be witness

Question 10

When is someone unavailable as a witness?

DOUNC

Answer 10

Dead
Outside NZ
Unfit due to age or physical or mental condition
Not compellable
Cannot be found

Question 11

Good reasons for not following formal ID procedure

RINCCS

Answer 11

Refusal to participate
ID made shortly after offence
Not going to be an issue
Change of appearance
Chance meeting
Singular in appearance

Question 12

Standard of proof for using voice identification

Answer 12

Balance of probability (probably reliable)