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Seniors CPK - 2020/2021 > EVIDENCE > Flashcards

EVIDENCE Flashcards

1
Q

Evidence

The fundamental principal in law is the “presumption of innocence” known as the what principal?

A

“Woolmington Principal”

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2
Q

Evidence

Prosecution holds the burden of proof when proving a case. Defence sometimes has to put up some form of argument eg (self defence)

What is this known as?

A

“Evidential burden” on the defence

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3
Q

Evidence

Name three exceptions where the defence hold the “burden of proof”?

(exceptions to the Woolmington Principal)

A

Insanity defence

Specific statutory expectations

Public welfare regulatory offences

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4
Q

Evidence

(standard of proof, juries are advised)

What was held in R v Wanhalla, defining “beyond reasonable doubt”?

A

Very high standard of proof

Only if you are sure the accused is guilty

It is not enough to say “probably or very likely guilty”

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5
Q

Evidence

The ‘balance of probabilities’ simply means…

A

It is more probable than not

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6
Q

Evidence

Corroboration of evidence

What are the two types of offences that need to be supported by other evidence to support a conviction? These must have corroborating evidence!

A

Perjury

Treason

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7
Q

Evidence

Does a Judge have to warn the jury for un corroborated evidence?

A

No…

Unless her believes that the evidence is unreliable

or

hearsay evidence

Prohibited if it is a child complainant and a warning would have been given to an adult

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8
Q

Evidence
Admissibility of visual identification evidence

If formal procedures are followed by police, or there is good reason for not following procedure, that evidence is admissible unless…. what??

A

The defendant proves on the balance of probabilities that the evidence is unreliable

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9
Q

Evidence
Admissibility of visual identification evidence

If formal procedures are NOT followed, and there was NO good reason for not following procedure, that evidence is inadmissible unless..

A

The prosecution proves beyond reasonable doubt that the circumstances in which the ID was made produced reliable identification

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10
Q

Evidence
Admissibility of visual identification evidence

ID procedures must be conducted by who?

A

Officers of enforcement agency (includes agencies other than Police)

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11
Q

Evidence
Admissibility of visual identification evidence

The visual ID procedure only applies to who?

A

People alleged to have committed an offence

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12
Q

Evidence
Admissibility of visual identification evidence

The combined effect of the ID procedure under 45(2) & (3) is intended to prevent what?

A

Dock identification

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13
Q

Evidence
Admissibility of visual identification evidence

The main focus under the act of visual ID evidence is on whether or not …??

A

The formal procedure was undertaken

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14
Q

Evidence
Admissibility of visual identification evidence

Can the OC be present

A

Yes but may not take part

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15
Q

Evidence
Admissibility of visual identification evidence

What level of police service is required to conduct the formal parade?

A

Sgt or Senior

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16
Q

Evidence
Admissibility of visual identification evidence

The guiding principals in AH Soon v R for formal ID procedures are …

A

to ensure that you avoid any material risk of predisposing the witness to the offender

17
Q

Evidence
Admissibility of VOICE identification evidence

Sec 46 sets out sets out a general rule of inadmissibility around voice ID in court … what is it??

A

That voice ID is inadmissible unless the prosecution proves on balance of probabilities that circumstances which the ID was made has produced a reliable ID

18
Q

Evidence
Exclusion of unreliable statements - sec 28

A judge must excuse unreliable statements unless…??

A

He is satisfied on the balance of probabilities, circumstances which the statement was made, not likely to adversely effect its reliability.

19
Q

Evidence
Exclusion of unreliable statements - sec 28

Judge does not have to exclude a statement if it is offered by the prosecution to prove which two exceptions?

A
  • To show the physical, mental or psychological condition of the defendant at the time the statement was taken
  • evidence as to whether the statement was taken
20
Q

Evidence
The oppression rule - sec 29

The judge must exclude the statement unless..

A

He is satisfied beyond reasonable doubt that the statement was not influenced by oppression

21
Q

Evidence
The oppression rule - sec 29

Oppression means…

A

oppressive, violent, inhumane

degrading conduct or treatment or threats.

22
Q

Evidence
The oppression rule - sec 29

Is it relevant if the statement by the Defendant is now true?

A

NO

23
Q

Evidence
The oppression rule - sec 29

What will the judge take into account when he is deciding BRD if a statement was influenced by oppression??

A

Physical, mental, psychological condition of defendant

Nature manner and circumstances pf questions

Threat or promises made

24
Q

Evidence
The oppression rule - sec 29

From who’s perspective is oppression judged?

A

The defendants

25
Q

Evidence
Improperly obtained evidence - sec 30

If the judge finds that the evidence was improperly obtained.. what else must her determine?

A

Whether of not the exclusion of evidence is proportionate

26
Q

Evidence
Improperly obtained evidence - sec 30

When is evidence improperly obtained?

A

When it Breaches the NZ BOR

Unfair

in consequence of a statement made by the defendant that is or would be inadmissible

27
Q

Evidence
Improperly obtained evidence - sec 30

What was held in R v Te Kira in relation to .. “mere ‘but for’ causation is not sufficient…

A

That it is both necessary and sufficient to have “real and substantial” connection

28
Q

Evidence
Improperly obtained evidence - sec 30

Under what threes rules can a defendants statement be excluded??

A

The reliability rule

oppression rule

improperly obtained evidence rule

29
Q

Formal ID procedures

What are the 6 reasons for not following formal ID procedures

A 
Refusal to participate
Singular in appearance
Change of appearance
ID not anticipated as an issue (recognition)
ID made shortly after offence
Chance meeting

Seniors CPK - 2020/2021 (20 decks)

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