Evidence Flashcards
Can questions be put to the complainant about previous sexual history?
Section 44 Evidence Act 2006
No evidence or questions can be put to the complainant about their sexual experience with any person other than the defendant.
Does a complainant have to state their address?
Section 87 Evidence Act 2006
This section protects a witness from having to state their address and having questions put to them about that information. Includes town and community witness lived in.
Does a complainant have to state their occupation?
Section 88 Evidence Act 2006
This section protects complainant from being questioned about occupation or witnesses being questioned about complainants occupation (in sexual cases)
Does a complainants evidence have to be corroborated?
Section 121 Evidence Act 2006
This section provides that in any criminal proceeding, the complainants evidence does not have to be corroborated.
Exceptions are
- perjury
- false oaths
- false statements or declarations
- treason
Are previous statements of witnesses consistent with the witnesses evidence admissible?
Section 35 Evidence Act 2006
No they are not admissible, unless the statement is necessary to respond to a challenge to the witnesses veracity or accuracy or a claim of recent invention by the witness.
What are the grounds on which a direction can be made in regards to a witness giving evidence in an alternative way?
Section 103, Evidence Act 2006
- The age or maturity of the witness
- the physical, intellectual, psychological, or psychiatric impairment of the witness:
- the trauma suffered by the witness:
- the witness’s fear of intimidation
3 ways that a witness may give evidence
Section 105, Evidence Act 2006
- while in the courtroom but unable to see the defendant or some other specified person; or
- from an appropriate place outside the courtroom, either in New Zealand or elsewhere; or
- by a video record made before the hearing of the proceeding
