Exclusive Rules Of Evidence

Question 1

The exclusive rules of evidence deal with

Answer 1

Veracity 
propensity 
hearsay 
opinion 
identification 
improperly obtained evidence

Question 2

In relation to evidence about the veracity of a person being substantially helpful the judge may consider

Answer 2

• The lack of veracity of the person when under a legal obligation
• previous convictions that indicates a lack of veracity
• previous inconsistent statements
• bias of the person
• a motive to be untruthful

Question 3

In deciding whether to allow the prosecution to question the defendant about their veracity the judge may consider

Answer 3

The extent to which the defendants veracity has been put in issue

The time since any conviction the prosecution seeks to give evidence about

If any evidence by the defendant about veracity was elicited by the prosecution

Question 4

Propensity evidence includes

Answer 4

Propensity as to actions

Propensity as to State of Mind eg love of violence

Question 5

Propensity evidence does not include

Answer 5

Evidence of an act or omission that is an element of the offence being tried

Evidence that is mainly about veracity

Question 6

The prosecution may offer propensity evidence if

Answer 6

The probative value outweighs the risk of an unfairly prejudicial effect

Question 7

When assessing the value of propensity evidence the judge may consider

Answer 7

• the frequency with which the acts have occurred
• the connection in time between the acts
• extent of the similarity between the acts
• the number of persons making allegations against the defendant
• if the allegations may be collusion or suggestibility
• the extent to which the acts are unusual

Question 8

Section 18(1)

A hearsay statement is admissible if

Answer 8

(a) circumstances relating to the statement provide reasonable assurance it is reliable

And either;

(b) (i) the maker of the statement is unavailable
(ii) the judge considers undue expense or delay would be caused if the maker was required

Question 9

Reliability of hearsay

Answer 9

If the maker is not called as a witness there is no opportunity to cross-examine

Juries cannot evaluate evidence properly without being able to see the demeanor of the person

There is danger Witnesses will make mistakes about the meaning or content I’ve statements made by other people

Undeserved weight may be attributed to evidence which cannot be tested

Question 10

Section 16(1)

circumstances in relation to a statement by a person who is not a witness

Answer 10

The nature of the statements

the contents of the statement

circumstances of making the statement

circumstances of the veracity of the person

circumstances of the accuracy of the observation of the person

Question 11

Section 16(2)

Unavailable as a witness if the person

Answer 11

(a) is dead
(b) is outside New Zealand and not practical to be a witness
(c) unfit because of age or physical or mental condition
(d) cannot be identified or found
(e) is not compellable

Question 12

Why is opinion evidence generally excluded?

Answer 12

• a bare opinion holds little weight
• there is a danger opinion evidence could confuse the tribunal of fact and prolong proceedings
• opinion evidence maybe based on other evidence which would be inadmissible

Question 13

2 criteria of opinion evidence to be admissible

Answer 13

Opinion must be the only way to effectively communicate the information

The opinion must be from something personally perceived by the witness

Question 14

Section 25

Expert opinion evidence:

May consist of ?

To comply with section 25 must ?

Answer 14

May consist of fact opinion or mixture of both.

• be that of an expert
• comprise expert evidence
• offer substantial help in understanding other evidence

Question 15

Define expert

Answer 15

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

Question 16

Opinion evidence from a witness may include

Answer 16

Identity 
speed 
emotional state 
weather 
age