Intro to Evidence

Question 1

What are the 3 types of evidence we learned about in foundation learning?

Answer 1

Hearsay evidence
Opinion evidence
Propensity evidence

Question 2

Define hearsay evidence:

Answer 2

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 3

What does CHANT stand for with Hearsay evidence?

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

When is hearsay evidence admissible?

Answer 4

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 5

When is a person unavailable as a witness?

Answer 5

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. − a person who is able to give evidence via video-link is likely to be considered available

Question 6

Define Opinion evidence

Answer 6

Opinion evidence is an inference from observed facts.

Question 7

What are the 2 types of opinion evidence?

Answer 7

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

Non-expert Opinion
• Identification: This is because, when identifying a person, the witness’ opinion is about what they have perceived in the past.
• Handwriting: A witness can give evidence to identify a person’s handwriting, as long as they can tell the court they have regularly received written documents from them.
• Mental or physical condition: A witness can give an opinion about their own mental or physical condition, but not the mental or physical condition of others. For example, “I was feeling depressed” would be admissible, but “He appeared to be depressed” would not.
• Age: A witness can give their opinion about a person’s age.

Question 8

Define Propensity evidence

Answer 8

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