Introduction To The Rules Of Evidence Flashcards
When is hearsay evidence admissible?
(CHANT)
- Contents of the statement
- How the statement was taken
- Accuracy of the statement
- Nature of the statement
- Truthfulness of the maker of the statement
What is hearsay evidence?
It is the oral or written statement of a person who is not produced as a witness in court.
When is a person unavailable as a witness?
A person is unvailable as a witness if: (DUNCO)
D - Dead
U - Unfit due to age/physical/mental condition
N - Not compellable (This means: - the soverign - a judge, if they are the judge in the proceedings - juror, counsel, not eligible in that proceeding except with permission of the judge - a bank officer, for the purpose of producing banking records - a defendant against him/herself - a defendant against a co-defendant (unless they are being tried separately or where the matter is still before the court).
C - Cannot with reasonable diligence be identifed or found
O - Outside NZ and it is not reasonably practical to be a witness.
What is opinion evidence?
It is inference from observed facts. Eg I think Sarah is 28
What are four examples of opinion evidence?
- Identification
- Handwriting
- Mental or physical condition
- Age
What is propensity evidence?
It is evidence about past behaviour of a person.
Eg. Tom has been caught drink driving two times so must of done it again.