FL03: The Rules of Evidence Flashcards
What is the rules of evidence?
To indicate if evidence is admissible or inadmissible
Define ‘admissible’
Evidence permitted to be put before Court
Define ‘inadmissible’
Not permitted to be presented to Court
Name the 3 types of evidence
Hearsay Evidence
Opinion Evidence
Propensity Evidence
Define ‘hearsay evidence’
A statement made by one person and passed on to another
Why is hearsay evidence generally inadmissible?
It is believed to be unreliable
When is hearsay evidence admissible?
Believed to be reliable
Person is unavailable
Could cause expense or delay to locate the witness
State the acronym to test the reliability of ‘hearsay evidence’
C.H.A.N.T
What does C.H.A.N.T stand for?
Contents
How
Accuracy
Nature & Truthfulness
Define ‘unavailable’
Dead Unfit Not compellable Cannot be identified Outside NZ
State the statute and enactments of hearsay evidence
Evidence Act 2006, Ss 16 & 27
What is the responsibility of the O/C Case to call ‘hearsay evidende’?
Notifying the defence counsel as soon as practicable
Define ‘opinion evidence’
An inference from observed facts
What are the 2 types of opinion evidence?
Expert
Non-Expert
Define ‘Expert’ Opinion
Person who is skilled by study or obtained experience in a particular field
Define ‘Non-Expert’ Opinion
Opinions based on observations
Is ‘Opinion Evidence’ admissible or inadmissible?
Inadmissible
Why is ‘Opinion Evidence’ inadmissible?
A personal opinion, thought or observation of a witness is not rendered as evidence
Define ‘Propensity Evidence’
The tendency to act a certain way or have a particular mind set
Why is ‘Propensity Evidence’ not generally admissible?
When the tendencies of the defendant are not of an issue in the prosecution case
