Evidence Flashcards
The rules of law fall into three main categories:
How evidence may be given
Who may give evidence
What type of material may be given in evidence
Who is a Fact-finder in court?
A Judge or jury
What does Facts in Issue mean in regards to court?
Facts in issue are those which the prosecution must prove in order to establish the element of the offence
How can a statement be delivered in court?
Orally
or
Written statement (affidavit filing in court or a written statement)
Both prosecution and defence need to consent to the written statement
What is an alternative way for evidence to be given?
in the courtroom but unable to see the defendant
outside the courtroom
Video record made before the hearing
Who makes a hearsay statement?
A person other than a witness
What is the purpose of Section 6 Evidence Act?
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
If evidence given is not relevant, is it admissible?
No
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?
Yes, however the judge will retains control over the admissibility process and may decide to decline it (regardless if all parties agreed)
Who does the burden of proof lie with?
Prosecution
What does the crown need to prove in court
“beyond reasonable doubt”
(meaning at the end of a case the jury are SURE the defendant is guilty)
There are two types of offenses where Corroboration is required, what are they?
Perjury & Treason
If a witness is 12yrs of age or older, what must they give?
An oath or affirmation
If a child is under 12yrs, what do they need to do?
Promise to tell the truth
Are defence obligated to call any evidence?
No
Can the judge allow a witness of any age not to give an oath, affirmation or to tell the truth?
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.
Refreshing memory -
Can a witness consult a document while giving evidence?
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
Should the defence be made aware that a witness has refreshed their memory by reading their statement before court?
Yes
Generally you cannot cross-examine your own witness, however can a judge order you do to this?
Hostile/unfavourable witnesses
Yes (only the judge can give permission to do this)
When should “full disclosure” be given to defence?
As soon as the defendant has:
pleaded not guilty
or
when the defendant is a cyp and makes their first appearance in Youth Court
Can defence request inspection of exhibits before court?
Yes, however only have full disclosure occurs
At any time after a person has been charged with an offence, can they request info about an identification witness?
Yes
Prosecution must supply the name of the witness, a statement of any description of the offender, copy of any pic or drawing
State the timelines for initial and full disclosure?
Initial disclosure should be no later than 15 working days after commencement of proceedings
Full disclosure as soon as practicable after defendant pleads NG
Can complainants & child witnesses have a support person present, regardless of how they are giving evidence?
Yes
