Evidence Act 2006

Question 1

Define Hearsay Statement

Answer 1

a statement that-

(a) made by a person other than a witness; and
(b) offered in evidence to prove the truth of its contents

Question 2

Define Leading Question

Answer 2

a question that directly or indirectly suggests a particular answer to the question

Question 3

Define Expert Evidence

Answer 3

the evidence of an expert based on their specialised knowledge or skill and includes evidence in the form of opinion

Question 4

Define Opinion

Answer 4

a statement of opinion that tends to prove or disprove a fact

Question 5

Define Give Evidence

Answer 5

means to give evidence -

• in the ordinary way
• in an alternative way (sec.105)
• in any other way under this Act/other enactment

Question 6

Define Hostile Witness

Answer 6

Exhibits or appears to exhibit a lack of veracity when giving evidence unfavourable to the party who called the witness on a matter the witness may reasonably be supposed to have knowledge; or

Gives evidence inconsistent with a statement made by them in a manner the exhibits/appears to exhibit an intention to be unhelpful to the party who called them; or
Refuses to answer questions/deliberately withholds evidence.

Question 7

Define Statement

Answer 7

• a spoken or written assertion by a person of any matter; or
• non-verbal conduct intended by that person as an assertion of any matter.

Question 8

Define Witness

Answer 8

A person who gives evidence in a proceeding and is able to be cross-examined

Question 9

Define Visual Identification Evidence

Answer 9

A assertion by a person of what they saw, to the effect that a defendant was present at, or near a place where commission of offence was done, or about the time it was done; or
An account (whether oral or in writing) of an assertion.

Question 10

Sec.7 Evidence Act 2006

Relevant evidence admissible

Answer 10

(1) All releveant evidence is admissible in a proceeding except evidence that is -
(a) inadmissible under this Act/other Act
(b) exluded under this Act/other Act
(2) Evidence that is not relevant ins not admissible
(3) Evidence is relevant in a proceeding if …it has a tendancy to prove or disprove anything that is of consequence to the determination of the proceeding.

Question 11

Sec.8 Evidence Act 2006

General Exclusion rule

Answer 11

Judge must exclude evidence if it’s probative value is outweighed by the risk that it will -

• have an unfairly prejudicial effect on the proceeding; or
• needlessly prolong the proceeding
• Judge must take into account the right of defendant to offer effective defence

Question 12

Sec.35 Evidence Act 2006

Previous Consistent Statement rule

Answer 12

(2) A previous consistent statement of a witness that is not consistent with the witness’s evidence is admissible to the extent that the statement is necess. to respond to a challenge to the witness’s veracity or accuracy, based on a previous inconsistent statement of the witness, or on a claim or recent invention

Question 13

Sec.44 Evidence Act 2006

Evidence of sexual experience of complainant

Answer 13

In a sexual case -

(1) No evidence/question given/put to a witness relating to sexual experience of complainant, with any person other than defendant, except with perm. of Judge.
(2) No evidence/question, given/put to witness relating to reputation of complainant in sexual matters.
(3) Judge must not grant unless satisfied - is of sufficient direct relevance to facts in issue (or sentencing) that it would be contrary to interests of justice to exclude

Question 14

Sec.45 Evidence Act 2006
Admissibility of Visual ID Evidence
Formal Procedure -

Answer 14

• observed as soon as practicable after alleged offence.
• person to be ID compared to no fewer than 7 persons.
• no indication given who to ID
• informed the person may or may not be in procedure.
• written record of procedure sworn true and complete by officer who conducted procedure.
• pictorial record of procedure sworn true and complete by officer who conducted procedure.

Question 15

Sec.45 Evidence Act 2006

Good reasons for not following Formal Procedure -

Answer 15

• Refusal by person to be ID to take part (parade, be photographed etc).
• Appearance of person to be ID -cannot be disguised.
• Substantial change in appearance of person to be ID
• Officer did not believe ID would be an issue.
• ID already made soon after offence.

Question 16

Sec.87 Evidence Act 2006

Privacy as to Witness’s Address

Answer 16

Witness’s address may not be subject of any question/evidence or statement/remark unless Judge satisfied
*is of sufficient direct relevance to facts in issue that to exclude it would be contrary to interests of justice

Question 17

Sec.88 Evidence Act 2006

Restriction on Disclosure of complainant’s occupation

Answer 17

In a sexual case

• no question/evidence put/given to complainant/witness’s about complainant’s occupation
• no statement/remark by witness, lawyer, officer of court, or other person about complainant’s occupation
• Judge must not grant permission unless satisfied question/evidence/statement/remark is of sufficient direct relevance to facts in issue, to exclude would be contrary to interests of justice.

Question 18

Sec.121 Evidence Act 2006

Corroboration

Answer 18

Evidence to be corroborated for following offences:

a) Perjury (sec.108
(b) False Oaths (sec.110)
(c) False Statements/Declarations (sec.111)
(d) Treason (sec.73)

Question 19

Define Expert

Answer 19

A person who has specialised knowledge or skill based on training, study or experience