Evidence Act

Question 1

Compelability of children?

Answer 1

Under 12? Must tell truth and not tell lies.

12 and Over? Oath or affirmation. If they don’t take either then the under 12 applies but is treated as an oath.

Question 2

Compelability of co defendant?

Answer 2

Associated defendant? Yes

Co defendant? No, unless that co defendant is tried desperately or their own case is already determined, then yes.

Question 3

Refreshment of prosecution witness memory?

Answer 3

From a written statement, defence should be advised and a copy made available to them.

Question 4

When can disclosure be withheld from defence?

Answer 4

1. If it is likely to endanger the safety of anyone.
2. Likely to prejudice the security of NZ
3. Likely to facilitate commission of offence

Question 5

Who may have a support person?

Answer 5

All complainants and child witnesses may have ONE support person.
If they want more, they may apply to the judge.
Other witnesses may apply for one.

Question 6

Who may receive communication assistance?

Answer 6

1 - defendant, unless a Judge considers that the defendant can understand proceedings and questions without assistance.
2 - witness but only to understand question.

Question 7

A witness may give evidence in an alternative way?

Answer 7

1) in court separated by a screen or one way mirror

2) an appropriate place in NZ or elsewhere.

Question 8

What is veracity?

Answer 8

Disposition to refrain from lying

Question 9

What is propensity?

Answer 9

Tendency to act in a particular way

Question 10

When would permission be denied to offer propensity evidence?

Answer 10

If the evidence is that he or she has no relevant convictions.
S. 41(2)

Question 11

Propensity evidence offered by Prosecution?

Answer 11

Must satisfy the court that the probative value does not outweigh the evidence having a unfair prejudicial effect on defendant.

Assessed by
- frequency of act, closely connected in time of previous and current, acts share unusual features, similarity of previous and current, etc…

Question 12

Evidence of sexual experience?

Answer 12

Permission must be sought from Judge if

1) evidence is of such direct relevance to facts in issue.
2) to exclude would contrary to interests of justice.

Question 13

Statement means…

Answer 13

1) spoken or written assertion

2) non verbal conduct INTENDED as an assertion.

Question 14

Voice ID

Answer 14

Inadmissible unless on BALANCE OF PROBABILITIES in the circumstances in which ID was made is reliable

Question 15

If only serving a summons can a defendant refuse to have photo taken?

Answer 15

They must FIRST be told they are being detained under s.33 to provide identifying particulars.
THEN you can serve summons.

You cannot detain for service of summons.