Evidence Act 2006 Flashcards
What is evidence
The whole body of material which a court may take into account in reaching their decision.
Evidence may be written , oral, or visual.
What is an associated defendant?
A person whom a prosecution has been initiated for an offence arising out of the same events as the offence for which the defendant is being tried.
The provisions are intended to encompass not only actual co defendants but also persons linked to the offending.
A person charged with burg, both an accomplice who committed the burg and the person who received the stolen goods.
What is the prosecutions burden of proof
Beyond reasonable doubt.
Admissibility of voice evidence
Voice ID evidence is inadmissible unless prosecution proves on the balance of probability that the circumstances in which the ID was made have produced a reliable ID.
What is the age of a child complainant?
under 18 years old when the proceeding commences (when the charging document is filed)
What is circumstantial evidence?
Evidence of circumstances that do not directly prove any facts in issue but which allow inferences about the existence of those facts to be drawn (eg the defendant was seen in the vicinity of the crime)
What is admissible evidence?
Evidence is admissible if it is legally able to be received by the courts.
What are the circumstances relating to a hearsay statement that provide reasonable assurance that the statement is reliable?
(a) the nature of the statement AND
(b) the content of the statement AND
(c) the circumstances that relate to the making of the statement AND
(d) any circumstances that relate to the veracity of the person AND
(e) any circumstances that relate to the accuracy of the observations of the person
What is direct evidence?
Evidence a witness has seen, heard or otherwise experience (eye witness)
What is a hostile witness?
A witness who exhibits or appears to exhibit a lack of veracity when giving evidence unfavourable to the party who called the witness on a topic that the witness may reasonably be supposed to have knowledge OR
Gives evidence that is inconsistent with a statement made by that witness in a manner that exhibits or appears to exhibit an intention to be unhelpful to the party who called the witness.
When will propensity evidence about a defendant be admissible?
It will be admissible where the evidence has a probative value in relation to an issue in the proceeding which outweighs the risk that the evidence may have an unfairly prejudicial effect on the defendant.
What is the section 8 test?
The section 8 test involves balancing the probative value of evidence against the risk that it will have an unfairly prejudicial effect on the proceeding or needlessly prolong the proceeding.
Evidence will be admitted if its probative value outweighs the risks.
What would be deemed unavailable as a witness or undue expense or delay?
- If the witness is dead or outside NZ and it is NOT reasonable practicable for him/her to be a witness
- If the witness is unfit due to age, physical, mental condition
- If the witness cannot be found
- If the witness is NOT compellable to give evidence
If a Judge decides that evidence is relevant
Then subject to any other legal rules, the party will be entitled to present the evidence. Relevance is necessary but not a sufficient condition of admissibility under the act.
Define reasonable doubt
An honest and reasonable uncertainly left in your mind about the guilt of the accused after you have given careful and impartial consideration to all of the evidence.
What is voice ID evidence?
Evidence that is an assertion by a person to the effect that a voice whether heard first hand or through a mechanical or electronic transmission or recording, is the voice of the defendant or any other person who was connected with an act constituting direct or circumstantial evidence of the commission of an offence.