EVIDENCE

Question 1

Name this qoute:
“There’s that small thing called EVIDENCE…”

Answer 1

Ace Ventura - Pet Detective.

Question 2

During a trial, what questions about sexual experience can be put to the complainant?

Answer 2

Only questions about sexual experience with the defendant.

Other questions about sexual experience will require the judges permission.

Question 3

During a trial, what evidence can be brought regarding the complainant’s sexual experience?

Answer 3

Only evidence pertaining the the complainant’s sexual experience with the defendant.

Any other evidence will require the judges permission. Propensity to act in a certain way with the defendant can be given subject the Propensity Rule if the judge permits.

Question 4

In sexual cases, are their rules pertaining to the value of evidence that a judge must observe prior to granting permission to ask a question or bring certain evidence about the complainant’s sexual experience with someone other than the defendant?

Answer 4

Yes. The evidence adduced from this must be necessary for a just conviction or sentence.

Question 5

In sexual cases against a defendant who is charged party to the sexual offending of another, is it permissible to bring evidence relating to the sexual experience between the complainant and that other defendant?

Answer 5

Yes, because it is necessary to prove the offence of the other before someone can be convicted as being party to it.

Question 6

According to section 87 of the Evidence Act 2006, what can the complainant be asked to state about their address? (Select all that apply):

(a) Street name and number, and city
(b) Street and city only
(c) City only
(d) Name of the community only
(e) none of the above can be asked unless the judge determines it is directly relevant to the facts in issue and to exclude them would be contrary to the interest of justice.

Answer 6

(e) These questions ordinarily can’t be asked

Question 7

According to the Evidence Act 2006, what subject matters can’t the complainant or witnesses be questioned about or any evidence brought?

Answer 7

The complainant’s:
(1) Sexual experience (other that with the defendant)
(2) Address (not even relating to the community the are from)
(3) Occupation

Question 8

What two things must be done prior to asking questions or bringing evidence pertaining to the complainant’s address, sexual experience, or occupation:

Answer 8

(1) There must be an application made

(2) The judge must not grant permission unless the evidence is directly relevant to the facts and to exclude it would be contrary to the interests of justice.

Question 9

Evidence Act 2006, s121
Corroboration Evidence.

The complainant’s evidence does not have to be corroborated?
True or False

Answer 9

True

Question 10

Can the complainant give oral evidence and if so, can they request certain people to be present and others to be excluded from the court room?

Answer 10

Yes. The complaint can do this. However, there is an exhaustive list of persons who cannot be excluded. The list is confined to those people necessary for the proceedings and for reporting purposes.

Question 11

What is rebuttal evidence and when would it be used?

Answer 11

Rebuttal evidence can be used by the prosecution to address a defence challenge to the complainant’s veracity. The prosecution can bring into evidence a witness statement that rebuts the challenge.

During the investigation phase it is important to obtain witness statements about what the complainant has told the witness about the incident. If the statement is consistent with what the complainant says in court then it can be used to rebut the defence claiming the complainant is not being truthful about those details.
In other words, the prosecution have a previous consistent statement to affirm the complainant’s veracity.

Question 12

Can a previous consistent statement be used to provide the court information the witness can no longer recall?

Answer 12

Yes.

Question 13

When and why are L3 interviews conducted?

Answer 13

When: for interviewing compliant witnesses or complainants of serious crime.

Why: to maximize the quality and quantity of information.

Question 14

What are 4 advantages of visually recorded interviews:

Answer 14

(1) greater quality and quantity
(2) less trauma for the witness as it can be played back as evidence in chief
(3) less chance of contamination as there is no need to transpose or paraphrase the evidence into a written statement
(4) a means to refresh the witnesses memory before trial

Question 15

In exceptional circumstances a visually recorded interview can be conducted by an interviewer who is not trained to L3. What are those circumstances:

Answer 15

(1) There is no available L3 interviewer
(2) Replacement interviewer can only be appointed by an NCO
(3) The Replacement interviewer must be selected as the next highest level of interview training.

Question 16

For the purpose of the Evidence Act, a child is a person under the age of?

Answer 16

18

Question 17

Evidence Regulations 2007
Section 8 What must be included on the video. List 4 things:

Answer 17

(1) The start and finish time
(2) Identifying people present
(3) A promise to tell the truth
(4) The entire interview
(5) An accurate means to monitor the time.

Question 18

Evidence Regulations 2007
Section 17, How master copy identified and kept

List 3 things that are required:

Answer 18

The master copy must:

(1) Be sealed and kept in police custody
(2) Date mater copy was received into custody
(3) Chain of custody of who and why the master copy was dealt with since

Question 19

Evidence Regulations 2007
Section 31
Custody of lawyer’s copy

What 2 things must a lawyer do with their copy of the DVD interview:

Answer 19

(1) Must keep it in a safe place
(2) Must return it to police once the matter has concluded

Question 20

Evidence Regulations 2007
Section 30 Lawyers copy.

What must be done if a copy is made from the Working Copy and given to the lawyer?

Answer 20

The copy must be certified using the appropriate document in Police Forms.

Question 21

Evidence Act 2006
Section 103

Prosecution can apply to the Court for the witness to give their evidence in chief by an alternative means. The Judge may consider this application on certain grounds written into the legislation. List 4:

Answer 21

(a) the age or maturity of the witness:

(b) the physical, intellectual, psychological, or psychiatric impairment of the witness:

(c) the trauma suffered by the witness:

(d) the witness’s fear of intimidation:

(e) the linguistic or cultural background or religious beliefs of the witness:

(f) the nature of the proceeding:

(g) the nature of the evidence that the witness is expected to give:

(h) the relationship of the witness to any party to the proceeding:

(i) the absence or likely absence of the witness from New Zealand:

(j) any other ground likely to promote the purpose of the Act.

Question 22

Evidence Act 2006
Section 107
List 3 alternative ways a witness may give evidence:

Answer 22

the witness gives evidence in 1 or more of the following ways:

(i) by a video record made before the hearing of the proceeding:

(ii) while in the courtroom but unable to see the defendant or some other specified person:

(iii) from an appropriate place outside the courtroom, either in New Zealand or elsewhere:

Question 23

What three steps will help prepare a child witness for court:

Answer 23

(1) Them viewing the DVD interview
(2) Them meeting the Crown Prosecutor
(3) Them visiting the court room beforehand

Question 24

If an application is made for the witness’s DVD Interview to be given as evidence in chief, who makes this application

Answer 24

The Crown Solicitor

Question 25

Who must check the DVD Interview Transcript is accurate and includes all the necessary information?

Answer 25

The O/C
And the Specialist Child Interviewer

Question 26

Under Reg 28, When must the DVD Transcript be provided to defence?

Answer 26

As soon as practical after the defendant has pleaded not guilty