Exclusive Rules Of Evidence I

Question 1

The exclusive rules of evidence deal with

Answer 1

Veracity 
propensity 
hearsay 
opinion 
identification 
improperly obtained evidence

Question 2

Veracity Rules section 37
(3) In relation to evidence about the veracity of a person being substantially helpful the judge may consider weather the proposed evidence shows?

Answer 2

1. The lack of veracity of the person when under a legal obligation to tell the truth.
2. Previous convictions that indicates a lack of veracity
3. Pprevious inconsistent statements made by that person
4. Bias of the person
5. A motive to be untruthful

Question 3

Sec 38 Evidence of defendant’s veracity:

In order to be able to offer evidence of a defendant’s veracity

Answer 3

1. The prosecution must show that veracity is relevant – will only be granted if the defendant’s veracity is in issue.
2. The defendant has offered evidence about his or her veracity or has challenged the veracity of a prosecution witness by reference to matters other than the facts in issue.
3. The proposed evidence must meet the substantial helpfulness test.
4. The prosecution must get permission from the judge to offer the evidence.

Question 4

Sec 38 Evidence of defendant’s veracity:

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

Answer 4

1. The extent to which the defendants veracity has been put in issue
2. The time since any conviction the prosecution seeks to give evidence about
3. If any evidence by the defendant about veracity was elicited by the prosecution

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

(a) The frequency with which the acts, omissions, events, or circumstances which are the subject of the evidence have occurred.

(b) The connection in time between the acts, omissions, events, or circumstances which are the subject of the evidence and the acts, omissions, events, or
circumstances which constitute the offence for which the defendant is being tried.

(c) The extent of the similarity between the acts, omissions, events, or circumstances which are the subject of the evidence and the acts, omissions, events, or circumstances which constitute the offence for which the defendant is being tried.
(d) The number of persons making allegations against the defendant that are the same as, or are similar to, the subject of the offence for which the defendant is being tried.
(e) Whether the allegations described in paragraph (d) may be the result of collusion or suggestibility.
(f) The extent to which the acts, omissions, events, or circumstances which are the subject of the evidence and the acts, omissions, events, or circumstances which constitute the offence for which the defendant is being tried 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

Propensity evidence includes

Answer 9

Propensity as to actions

Propensity as to State of Mind eg love of violence