Evidence

Question 1

Burden of proof

Answer 1

Woolmington principle - fundamental principle is the presumption of innocence

Subject to specific statutory exemptions the burden of proof lies clearly with the prosecution in relation to all of the elements of the offence

Question 2

Standard of proof

Answer 2

where the legal burden is on the prosecution it must be just charged beyond reasonable doubt

Any element which the defence bears the burden of proving need to only be approved on the balance of probabilities

Question 3

Corroboration - one witness

Answer 3

One witness’s testimony unsupported by any other evidence will suffice to prove a case where the court is satisfied that it is reliable and accurate
AND
provides proof to the required standard

Question 4

Two types of events where one witness is insufficient to support a conviction

Answer 4

Perjury and related offences
And
Treason

Question 5

Admissibility of visual identification evidence

Good reasons for not following a formal procedure

Answer 5

A refusal of a suspect to take part in the procedure
The singular appearance of the suspect
Substantial change in the appearance of the suspect after the alleged offence
No officer involved could reasonably anticipate that identification would be an issue at trial
Identification is made to an enforcement officer soon after the offence occurred in the course of that offices initial investigation
Identification made to enforcement officer after a chanceMeeting between the person who made the identification and the person alleged to have committed the offence

Question 6

section 45 visual identification evidence obtained by formal procedure admissible unless

Answer 6

The defendant proves on the balance of probabilities that it is unreliable

For example shortsightedness bad lighting etc

Question 7

Section 45 visual identification evidence not obtained by formal procedure

Answer 7

Will be in admissible unless there was a good reason for not following a informal procedure
Or the prosecution can prove beyond reasonable doubt that the circumstances Identification was made would have produced a reliable identification

Question 8

Admissibility of voice identification evidence

Answer 8

Inadmissible unless
Prosecution proves
on the balance of probabilities
The circumstances in which the identification was made have produced a reliable identification

Question 9

Admissibility of defendants statements

Answer 9

Statement made by a defendant is
Not admissible against that defendant
If it is excluded under
28 the reliability rule
29 oppression rule and
30 the improperly obtained evidence rule

Question 10

The reliability rule

Answer 10

Any pertinent physical mental or psychological condition of the defendant when the statement was made
Any pertinent characteristics of the defendant including any mental intellectual or physical disability to which the defendant as subject
The nature of any questions put to the defendant and the manner circumstances in which they were put
The nature of any threat promise or representation made to the defendant or any other person

Question 11

Exception to the reliability rule

Answer 11

Where the prosecution wishes to use the statement as evidence of the defendants physical mental or psychological condition at the time the statement was made
With the prosecution office the defendant statement only as evidence of whether the statement was made

Question 12

Assessment of reliability

Answer 12

That the circumstances in which the statement was made were not likely to have adversely affected its reliability

Question 13

The oppression rule

Answer 13

Oppression means
Oppressive violent inhumane or degrading contact towards or treatment of the defendant or any other person or a threat of conduct or treatment of that kind

Question 14

The oppression rule – once evidential foundation is established

Answer 14

Requires the prosecution to satisfy the judge beyond reasonable doubt that the defendant statement was not influenced by oppression

Question 15

Judging the perspective of oppression

Answer 15

Oppression is to be judged from the perspective of the defendant

Question 16

Improperly obtained evidence – once the issues raised

Answer 16

The judge must determine to the standard of balance of probabilities whether or not the evidence wasn’t properly obtained

Question 17

Definition of improperly obtained evidence

Answer 17

Breach of any enactment of rule of law by person team section through the New Zealand Bill of Rights act applies
Consequence of a statement made by a defendant that is or would be in admissible if it were offered an evidence by the prosecution
Or
Unfairly

Question 18

General rule of exclusion for improperly obtained evidence

Answer 18

If impropriety is found and the exclusion is proportionate to the impropriety - assessment or proportionality is a contextual one