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Sgt CPK > Evidence > Flashcards

Evidence Flashcards

1
Q

The rules of law fall into three main categories:

A

How evidence may be given
Who may give evidence
What type of material may be given in evidence

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2
Q

Who is a Fact-finder in court?

A

A Judge or jury

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3
Q

What does Facts in Issue mean in regards to court?

A

Facts in issue are those which the prosecution must prove in order to establish the element of the offence

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4
Q

How can a statement be delivered in court?

A

Orally
or
Written statement (affidavit filing in court or a written statement)
Both prosecution and defence need to consent to the written statement

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5
Q

What is an alternative way for evidence to be given?

A

in the courtroom but unable to see the defendant

outside the courtroom

Video record made before the hearing

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6
Q

Who makes a hearsay statement?

A

A person other than a witness

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7
Q

What is the purpose of Section 6 Evidence Act?

A

Providing for facts to be established
Providing rules of evidence (NZBORs)
Promoting fairness to parties & witnesses
Protecting rights of confidentiality & other important public interests
Avoiding expense and delay
enhancing access to the law of evidence

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8
Q

If evidence given is not relevant, is it admissible?

A

No

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9
Q

Section 9 Evidence Act 2006
This act allows evidence to be admitted by agreement between parties.

Can evidence be admitted by agreement even if it would be otherwise inadmissible?

A

Yes, however the judge will retains control over the admissibility process and may decide to decline it (regardless if all parties agreed)

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10
Q

Who does the burden of proof lie with?

A

Prosecution

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11
Q

What does the crown need to prove in court

A

“beyond reasonable doubt”
(meaning at the end of a case the jury are SURE the defendant is guilty)

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12
Q

There are two types of offenses where Corroboration is required, what are they?

A

Perjury & Treason

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13
Q

If a witness is 12yrs of age or older, what must they give?

A

An oath or affirmation

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14
Q

If a child is under 12yrs, what do they need to do?

A

Promise to tell the truth

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15
Q

Are defence obligated to call any evidence?

A

No

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15
Q

Can the judge allow a witness of any age not to give an oath, affirmation or to tell the truth?

A

Yes, this is usually allowed for witnesses such as adult witnesses with intellectual disabilities or where a child witness is unable to promise to tell the truth

however the judge still needs to stipulate the importance of telling the truth and not telling lies.

16
Q

Refreshing memory -
Can a witness consult a document while giving evidence?

A

Yes,
however the judge must agree
AND
the document must be shown to every other party in the proceedings

  • the doc must have been made at the time of the event by the witness when their memory was fresh
17
Q

Should the defence be made aware that a witness has refreshed their memory by reading their statement before court?

A

Yes

18
Q

Generally you cannot cross-examine your own witness, however can a judge order you do to this?
Hostile/unfavourable witnesses

A

Yes (only the judge can give permission to do this)

19
Q

When should “full disclosure” be given to defence?

A

As soon as the defendant has:
pleaded not guilty
or
when the defendant is a cyp and makes their first appearance in Youth Court

20
Q

Can defence request inspection of exhibits before court?

A

Yes, however only have full disclosure occurs

21
Q

At any time after a person has been charged with an offence, can they request info about an identification witness?

A

Yes
Prosecution must supply the name of the witness, a statement of any description of the offender, copy of any pic or drawing

21
Q

State the timelines for initial and full disclosure?

A

Initial disclosure should be no later than 15 working days after commencement of proceedings

Full disclosure as soon as practicable after defendant pleads NG

22
Q

Can complainants & child witnesses have a support person present, regardless of how they are giving evidence?

A

Yes

23
Q

Can a complainant or child witness have more than one support person?

A

Permission is needed from the Judge for more than one support person

24
Q

Can people have communication assistance (language, sign language, etc)

A

Defendants can have someone throughout the trial as they need to understand the entire proceedings.

Witness can have someone when they are giving evidence only

25
Q

Can someone give evidence in an alternative way? If so, who/why?

A

age
physical, intellectual, psychological etc
trauma suffered
fear of intimidation
cultural/religious beliefs
evidence expected to give
relationship
Out of NZ

26
Q

Where a judge is satisfied that a witness may give evidence in an alternative way, how may they give that evidence?

A

While in the courtroom but unable to see the defendant

From an appropriate place outside the courtroom (NZ or elsewhere)

By a video recording made before the hearing

27
Q

With a child witness, how can they give evidence?

A

A child witness is entitled to give evidence in 1 or more alternative way.

The party calling the child witness must give notice to all parties & the court about which alternative way they will give evidence

28
Q

Can anyone be compelled to give evidence?

A

Yes
They can be compelled by either prosecution or defence, even against their will

Some exceptions apply:
Lacks capacity to given rational or coherent testimony

A Judge cannot give evidence in that hearing

A juror would need permission from the judge to give evidence

29
Q

Is martial privilege an excuse not to give evidence

A

No, there is no protection for a spouse

30
Q

Can privilege be waived?

A

Yes but only from the person who is entitled to rely on the privileged information

31
Q

What is Hearsay Evidence?

A

a statement made by a person
other than the witness
and is offered in evidence at the proceeding to
prove the truth of its contents

32
Q

Section 18 Evidence Act
General admissibility of hearsay…

A

A hearsay statement will be admissible if there is reasonable assurance the statement if reliable and
the maker of the statement is unavailable as a witness
or
expense of delay to get them

32
Q

Does “business records” include police records?

A

No

33
Q

If a party wants to produce hearsay evidence, what must they do?

A

Provide a written notice to all parties stating:

the intention of offer the evidence
Name of the maker
copy or contents of the evidence

34
Q

What types of identification evidence are admitted in criminal cases?

A

visual and voice identification evidence

35
Q

In visual identification evidence, how may people are involved in a photoboard?

A

No fewer than 7

36
Q

Can a person refuse to have their photo taken for a photo board?

A

Yes, however if Police already have a photo on file then they can use that

Sgt CPK (24 decks)

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