Evidence Flashcards
What are the six purposes of evidence law?
A) providing for facts to be established by the application of logical rules
B) providing rules of evidence that recognise the importance of the rights affirmed by the nz bill of rights act 1990
C) promoting fairness to parties and witnesses
D) protecting rights of confidentiality and other important interests
E) AVOIDING UNJUSTIFIABLE EXPENSE AND DELAY
F) enhancing access to the law of evidence.
Sergeant is checking a file and finds there is only one witness statement. Is this enough for a prosecution or does it need another witness for corroboration ?
In general, one witness’s testimony, unsupported by any other evidence, WILL suffice to prove a case where the court is satisfied that it is reliable and accurate and provides proof to the required standard.
Oaths and affirmations :
When giving evidence Does a 13 year old youth have to be sworn in by oath or ‘promise to tell the truth”?
Witnesses who are 12 and over must take and oath/affirmation
Witnesses who are under the age of twelve must make a promise to tell the truth
Refreshing memory:
What must be done if you wish to consult a document while giving evidence ?
1) the leave of the judge must be obtained
2) the document must be shown to every other party in the proceedings
- the document must have been made or adapted at the time when their memory was fresh
- the document must have been made by the witness, or by another person acting on the witnesses behalf, in his or her presence.
Refreshing memory out of court:
When a witness has refreshed their memory prior to trail from a written statement, what must be done ?
The defence should be advised if this and if requested, a copy of the statement should be made available.
The judge is satisfied that a witness should be able to give evidence in an alternative way.
How may the judge direct the witness to give evidence ?
- while in the courtroom but unable to see the defendant (screens)
- FROM AN APPROPRIATE PLACE OUTSIDE THE COURTROOM EITHER IN NZ OR ELSEWHERE.
- by a video record made before the hearing of the proceeding.
A dairy owner recognised the voice of an Agg Robber as he robbed his store.
The voice he recognised was of a regular customer of his store.
Is this voice identification admissible?
Voice identification evidence is admissible if the prosecution can prove that it is “probably reliable”. In this circumstance the voice recognition is reliable because the agg robber is a regular customer of the store, therefore a reliable identification.
Compellability of associated defendants:
Two co defendant, one appeared in court before the other and was convicted and sentenced. Is this defendant compelled to give evidence against the other ?
Yes,
The first defendant had plead/been found guilty of the offence is now able to give evidence against the co defendant.
