Evidence

Question 1

s44: evidence of sexual experience of complainants in sexual cases

Answer 1

• no evidence/question can be put to the witness relating to the sexual experience of the complainant with any other person than the defendant (except with judge permission)
• no evidence/question can be put to the witness that relates to the reputation of the complainant in sexual matters
• in cases where defendant is charged as a party and cannot be convicted unless it is shown that another person committed a sexual offence against the complainant, s44(1) doe not apply if it relates to the experience of the complainant with the other person

Question 2

s44(1) subject to propensity rule s40(3)

Answer 2

Evidence of the victims propensity to act in a certain way with the defendant including sexually may be offered as evidence of the judge grants it

Question 3

s87: privacy to witness precise address

Answer 3

• witness address cannot be subject to any question or included in any statement or remark given
• includes name and number of street and the town or community where they live
• judge can grant permission if it is of direct relevance

Question 4

s88: restriction on disclosure of complainants occupation in sexual cases

Answer 4

• no questions can be put to them about occupation. Application can be made to judge to disclose

Question 5

s103(3): giving evidence in alternative way

May give evidence in alternative way on grounds of…. (9)

Answer 5

Age/maturity
Impairment
Trauma suffered
Fear of intimidation
Linguistic/cultural background
Nature of proceedings
Nature of evidence given
Relationship of the witness to any party
Absence from NZ

Question 6

s105: ways to give evidence

Answer 6

• in courtroom but unable to see the defendant or other person
• appropriate place outside of the courtroom and connected by video/cctv
• video recording made prior

Question 7

s121: corroboration

Answer 7

Complainants evidence does not need to be corroborated

Corroborate is not defined in crimes act 1961. Dictionary terms means to strengthen or support with other evidence, to make more certain

Question 8

Standard procedure of giving oral evidence

Answer 8

Allows under special circumstances on application for the court to agree to hear oral evidence. If granted the complainant will have protection surrounding who can be present and what can be asked
*s97 criminal procedure act 2011

Question 9

Advantages of visually recorded evidence

Answer 9

• greater quality and quantity of info
• minimise trauma
• provides means to refresh memory
• reduces contamination

Question 10

Age of child for visually recorded interviews

Answer 10

Under 18

Question 11

Child complainants - video interviews
It meets the child’s needs because…

Answer 11

• Process is focused on the child and allows them to state clearly and freely what happened
• The interview can be used for the basis of an investigation
• It avoids the need to re-interview the child

Question 12

Who can interview children?

Answer 12

Specialist child witness interviewers

Question 13

s103, 104 and 105 Evidence act 2006

Answer 13

The basis for the crown to present the video as evidence in chief.

Crown must apply to the courts and it is the judges decision whether to allow this. It is not guaranteed.

Not limited to sexual offences.

Applications must be made as early as possible before the trial.

Question 14

Transcripts of video interviews.

Who is responsible?

When is it disclosed to lawyer?

Answer 14

O/C is responsible for preparing transcript.

The specialist child witness interviewer must check the transcript against the tape for accuracy.

Police must ensure it is given to defence as soon as practicable after the defendant has pleaded not guilty. s28.