Evidence

Question 1

Define evidence

Answer 1

Evidence is the term for the whole body of material which a court or tribunal may take into account in reaching their decision.

Question 2

Define admissible evidence

Answer 2

Evidence is admissible if it is legally able to be received by a court.

Question 3

Define relevance

Answer 3

Evidence is relevant if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding.

Question 4

Define facts in issue

Answer 4

Facts in issue are those which:
- the prosecution must prove to establish the elements of the offence, or
- the defendant must prove to succeed with a defence in respect of which he or she carries the burden of proof.

Question 5

Define exclusionary rules

Answer 5

Rules that exclude evidence.

Usually because it is unreliable, unduly prejudicial or otherwise unfair to admit it.

Question 6

Define weight of evidence

Answer 6

The weight of evidence is its value in relation to the facts in issue. The value will depend on a wide range of factors, such as:
- the extent to which, if accepted, it is directly relevant to or conclusive, of those facts
- the extent to which it is supported or corroborated by other evidence produced
- the veracity of the witness.

The “weight” is the degree of probative force that can be accorded to the evidence.

Question 7

Define give evidence.

Answer 7

Evidence may be given:

Ordinary way - orally in a court room in the presence of the judge, jury, parties to the proceeding or in an affidavit filed in court or by reading a written statement in a court room.

Alternative way - in the court room but unable to see the defendant or other person; outside the court room, or by video recording made before the hearing.

In any other way provided for by the evidence act.

Question 8

Define incriminate

Answer 8

Incriminate means to provide information that is likely to lead to or increase the likelihood of, prosecution of a person for a criminal offence.

Question 9

Define proceeding

Answer 9

This means a proceeding conducted by a court, and any application to a court connected with a proceeding.

Question 10

Define statement

Answer 10

This a spoken or written assertion by a person, or non verbal conduct of a person intended by that person as an assertion of any matter.

Question 11

Define statement

Answer 11

This a spoken or written assertion by a person, or non verbal conduct of a person intended by that person as an assertion of any matter.

Question 12

Define witness

Answer 12

This is a person who gives evidence and is able to be cross examined in a proceeding.

Question 13

Define hearsay statement

Answer 13

This is a statement made my a person other than a witness, and is offered in evidence in the proceeding to prove the truth of its contents. This definition means that out of court statement made statements made by a witness are not excluded by the hearsay rule because the maker is available to be cross examined.

Question 14

Define veracity

Answer 14

This is the disposition of a person to refrain from lying, whether generally or in a proceeding.

Question 15

Define propensity

Answer 15

Propensity evidence is the evidence about a persons propensity to act in a particular way or have a particular state of mind, and includes evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved.

Question 16

Define direct evidence

Answer 16

This is any evidence given by a witness as to a fact in issue that he or she has seen, heard or otherwise experienced. Eg an eye witness that saw the defendant stab the complainant with a knife.

Question 17

Define circumstantial evidence

Answer 17

This is evidence of circumstances that do not directly prove any fact in issue, but which allow inferences about the existence of those facts to be drawn.

Eg the defendant was seen in the vicinity of the scene of the crime.

Question 18

What is the purpose of evidence law.

Answer 18

To help secure the just determination of proceedings through six objectives.

• Providing for facts to be established by the application of logical rules.
• Providing rules of evidence that recognise the importance of the rights affirmed by the New Zealand bill of rights act.
• Promoting fairness to parties and witnesses.
• Protecting rights of confidentiality and other important public interests.
• Avoiding unjustifiable expense and delay.
• Enhancing access to the law of evidence.

Question 19

What is the purpose of evidence law.

Answer 19

To help secure the just determination of proceedings through six objectives.

• Providing for facts to be established by the application of logical rules.
• Providing rules of evidence that recognise the importance of the rights affirmed by the New Zealand bill of rights act.
• Promoting fairness to parties and witnesses.
• Protecting rights of confidentiality and other important public interests.
• Avoiding unjustifiable expense and delay.
• Enhancing access to the law of evidence.

Question 20

What is the general rule of evidence.

Answer 20

A general rule of evidence is that all facts in issue and facts relevant to the issue must be proved by evidence.

Question 21

Exceptions to general rule.

Answer 21

• Judicial notice is taken
• The facts are formally admitted.

Question 22

Explain judicial notice

Answer 22

When a court takes judicial notice of a fact, it declares that it will find that the facts exists or will direct the jury to do so even though no evidence has been established that the fact exists.

Question 23

Explain facts formally admitted.

Answer 23

In a trial, counsel for either party can accept that some evidence is accepted or proven at the outset, so it need not be discussed.

Question 24

In deciding whether evidence is admissible what are the three principles

Answer 24

• Reliability
• Relevance
• Unfairness

Question 25

Explain privilege

Answer 25

A privilege is the right to refuse to disclose or to prevent disclosure of what would otherwise be admissible.

Question 26

Types of privilege

Answer 26

• communication with legal advisors
• solicitors trust accounts
• preparatory materials for proceedings
• settlement negotiations or mediation
• communication with ministers of religion
• information obtained by medical practitioners and clinical psychologists