FL03 Rules of evidence

Question 1

What is hearsay evidence?

Answer 1

1. The oral or written statement of a person who is not produced as a
   witness in court; AND
2. The statement is given to the court by another person, or in a document;
   AND
3. The purpose of the evidence is to prove the truth of what has been stated.

Question 2

Hearsay may be admissable when?

Answer 2

Section 18: General admissibility of hearsay
Explanation:
A statement can be admissible if the statement is reliable and either:
• the person is unavailable, or
• if it would cause undue expense or delay in obtaining the witness.

Question 3

What are the circumstances which indicate reliability of a statement by a person who is not a witness in Court? Section 16(1)

Answer 3

Contents of the statement

How the statement was made

Accuracy of the observation

Nature of the statement

Truthfulness of the maker of the statement

Question 4

Section 16(2): Unavailable as a witness
A person is unavailable as a witness if they are:

Answer 4

D Dead

U Unfit due to age/physical/mental condition

N Not compellable

C Cannot with reasonable diligence be identified or found

O Outside NZ and it is not reasonably practical to be a witness.

Question 5

Section 27 exception:

Answer 5

Section 27 provides that all statements made by the defendant are admissible even if they are hearsay. However, it could be excluded for other reasons, for example if the defendant’s statement has been obtained as a result of oppressive behavior by the interviewer.

Question 6

What is opinion evidence?

Answer 6

Opinion evidence is an inference from observed facts.

Question 7

Is opinion evidence admissable?

Answer 7

Opinion evidence is generally inadmissible as evidence. This is because a witness is called to state facts; his or her personal opinion is not evidence. It is up to the judge or jury to form their own judgement.

Question 8

When can someone give an opinion statement?

Answer 8

A witness can give expert opinion evidence if they are an expert or skilled by special study or experience in a particular field.

Question 9

What are the exceptions for non expert opinion?

Answer 9

Identification

Handwriting

Mental or physical condition

Age

Question 10

What is propensity evidence?

Answer 10

Evidence that tends to show a person’s propensity (tendency) to act in a particular way or to have a particular state of mind.

Question 11

Is propensity evidence admissable?

Answer 11

Evidence of propensity is not generally admissible when it is not at issue.

This means the prosecution cannot use evidence of propensity if the only reason for presenting it is to show a disposition towards wrongdoing by the defendant.