Evidence part 1 Flashcards
Woolmington principle
the presumption of innocence. The burden of proof lies clearly with the prosecution in relation to all of the elements of the offence.
If defence make a live issue the prosecution must destroy the defence because burden of proof remains with the prosecution.
Exception to the burden of proof
defendant must prove insanity
defence must prove weapon is not offensive (statutory exception exists)
the offence is a public welfare regulatory offence
Standards of proof
Beyond reasonable doubt
an honest and reasonable uncertainty left in your mind about the guilt of the defendant after you have given careful and impartial consideration to all of your evidence.
Balance of probabilities
when defence must prove a particular element it must show it is more probable than not.
Purpose of the evidence act and objectives
The act aims to help secure the just determination of proceedings
Six objections ov EA06
1. providing for facts to be established by the application of logical rules
2. providing rules of evidence that recognise the important of the rights affirmed by the NZ BORA 1990.
3. promoting fairness to parties and witnesses
4. protecting rights of confidentiality and other important public interest
5. avoiding unjustifiable expense and delay
6. enhancing access to the law of evidence
establishing facts rule and exemptions
it is a general rule that all facts in issue and facts relevant to the issued must be proved by evidence
2 exceptions -
1. judicial notice is taken because the court declares that it will find the facts exists eg date of christmas
2. facts are formally admitted - both cousinly accept some evidence from the outset.
Who decides about the admissibility of evidence
It is a question of the law so the judge
how to deal with unfair evidence
discretion for the judge and arises if the result have unfair prejudice or the results are obtained in a way that makes it admission unfair against the defendant.
s8 unfairness test
unfairness test to balance the probative value of evidence against the risk that it will
have an unfairly prejudicial effect on the proceeding or
needlessly prolong the proceeding - Eg the defendant calling 20 witnesses as to their veracity.
Unfair prejudice
unfair prejudice refers to the danger that a trier of face will give some evidence more weight that it deserves and be misled by evidence or use that evidence for illegitimate purpose.
Example of unfair prejudicial evidence
the most obvious reason to exclude defendant evidence is due to it being improperly obtained by unfair or improper methods.
what can evidence be used for
Once evidence is admitted it can be used for all purposes
