Intro To Rules Of Evidence

Question 0

Hearsay Section 18 of the evidence act

Answer 0

A statement can be admissible if the statement is reliable and either the person is unavailable, or it would cause undue expense or delay in obtaining the witness

Question 1

Hearsay evidence CHANT

Answer 1

CONTENT of the statement
Is the content of the statement in order. Can the statement or part of it be corroborated.
HOW the statement was taken
Was it in your notebook, was the person 1K
Was statement given under duress.
ACCURACY was there external factored impeding the statement.
NATURE of statement..is the statement first hand / second hand
Is the statement written, oral or recorded.
TRUTHFULNESS
Was there a motive to lie

Question 2

Hearsay evidence

Answer 2

Oral or written statement of a person who is not produced as a witness in court

If person is not in court the statement has to be reliable CHANT.

Question 3

Section 16(2) unavailable as a witness

A person is unavailable as a witness if…

Answer 3

DUNCO
DEAD
UNFIT due to age/physical/mental condition
NOT compellable
The sovereign
A judge if they are in that proceeding
A bank officer
CANNOT be ID or found
OUTSIDE NZ and it is not reasonably practical to be a witness.

Question 4

Admission and confessions

Answer 4

An admission is anything the defendant says. A confession is a full statement admitting guilt.

Question 5

Opinion evidence definition

Answer 5

Is an opinion of a person from observed facts

Question 6

Expert opinion evidence

Answer 6

A witness can give expert opinion evidence if they are an expert in there field. eg
Soco/ docs / technician / dog handler

Question 7

Non-expert opinion evidence

Answer 7

Non expert opinion evidence is usually not admissible in court...exceptions 
Identification
Handing writing
Mental or physical condition
Age

Question 8

Propensity evidence

Answer 8

Propensity evidence is evidence about the past behaviour of a person. Propensity evidence is not generally admissible