Evidence 2 April Flashcards
List four categories of privilege
⦁ Marital privilege
⦁ Privilege against self-incrimination
⦁ Professional confidences
⦁ Public policy
⦁ Police informants
What is the definition of a hearsay statement?
A statement that –
(a) was made by a person other than a witness;
and
(b) is offered in evidence at the proceeding to prove the truth of its contents”
Before giving evidence in court, witnesses may refresh their memory from eithe
Their original statement or their deposition
Which of these statements is correct regarding the eligibility and compellability of a witness in a proceeding?
Any person who is eligible to give evidence is compellable
A person is unavailable as a witness when:
⦁ The person is overseas and can’t be contacted
A presumption of law:
Is always rebuttable or irrebuttable
When giving evidence in court, you should address the judge as:
⦁ Your honour or Sir/Ma’am
The Court has a discretion to include propensity evidence against a defendant, if:
⦁ The probative value of the evidence outweighs its prejudicial effect
In relation to privilege of medical practitioners, “protected communication” refers to communication made by the patient to the doctor for him/her to examine, treat or act for the patient
Who is suffering for a drug dependency
⦁ Who has any other condition or behaviour that manifests itself in criminal conduct
A witness is deemed to be hostile when:
⦁ Refuses to answer questions or deliberately withholds information
t is not necessary in court to prove “uncontroverted facts.” These are admitted as:
Judicial notice
Section 25 of the Evidence Act 2006 governs the admissibility of expert evidence. If the evidence lead is opinion evidence, then in order to comply with the section 25 the opinion must…
Be that of an “expert”
⦁ Comprise “expert evidence”
⦁ Offer substantial help to the fact-finder in understanding other evidence of ascertaining any fact in the proceeding
The fundamental principle in criminal law is the presumption of innocence and that the burden of proof lies with the prosecution. What are the two exceptions to this rule?
Where there exist specific statutory exceptions
⦁ Where section 67(8) of the Summary Proceedings Act 1957 applies
The fundamental condition for the admissibility of evidence is that it must be relevant. What is the two prong test of relevance? Describe each prong.
Materiality and probativeness
⦁ Materiality asks whether the evidence is offered on a matter of fact at issue in the case (of consequence to the determination of the proceeding – s7(3))
⦁ Probativeness asks whether the evidence has a logical “tendency to prove or disprove” the material proposition on which it is offered (s7(3))
Section 37 of the Evidence Act 2006 relates to the veracity rules of evidence. When a judge considers whether evidence is substantially helpful he/she should take a number of matters into account. Name four of these matters.
- Lack of veracity on the part of the person when under a legal obligation to tell the truth
- That the person has been convicted of 1 or more offences that indicate a propensity for dishonesty or lack of veracity
*Bias on the part of the person
- Any previous inconsistence statements made by the person
- A motive on the part of the person to be untruthful
Circumstantial evidence
⦁ Circumstantial evidence is a fact that by inference can prove another fact in issue.
Statement
A statement is 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.
What are presumptions of Law?
Presumptions of law are inferences that have been expressly drawn by law from particular facts. They may be conclusive or rebuttable
What are presumptions of fact?
Presumptions of fact are those that the mind naturally and logically draw from the facts given
⦁ Section 18(1) makes a hearsay statement admissible if the circumstances relating to the statement provide reasonable assurance that the statement is reliable. According to section 16(1) of the Evidence Act 2006, circumstances in relation to a statement by a person who is not a witness, include…
Section 18(1) makes a hearsay statement admissible if the circumstances relating to the statement provide reasonable assurance that the statement is reliable. According to section 16(1) of the Evidence Act 2006, circumstances in relation to a statement by a person who is not a witness, include…
Section 16(1) Evidence Act 2006 defines “circumstances”. Circumstances in relation to a statement by a person who is not a witness, include –
⦁ The nature of the statement, and
⦁ The contents of the statement, and
⦁ The circumstances that relate to the making of the statement, and
⦁ Any circumstances that relate to the veracity of the person, and
⦁ Any circumstances that relate to the accuracy of the observation of the person
