J.F Evidence 3 Flashcards
Section 125(1) - Does a Judge have to give a warning where a child is a witness, if not why?
(1)In a criminal proceeding tried with a jury in which the complainant is a child at the time when the proceeding commences, the Judge must not give any warning to the jury about the absence of corroboration of the evidence of the complainant if the Judge would not have given that kind of a warning had the complainant been an adult.
The prohibition on leading questions is based on the belief that it will produce unreliable evidence for the following reasons?
- There is a natural tendency fo people to agree with leading questions even if they don’t agree.
- Counsel using leading questions can more easily elicit the answers they want by reducing spontaneity o responses.
- There is a danger misleading questions will manipulate, construct evidence through collusion conscious or otherwise between Counsel and Witness.
Section 85(1) In any proceeding, the Judge may disallow, or direct that a witness is not obliged to answer, any question that the Judge considers?
IMUNE
* Improper
* Unfair
* Misleading
* Needlessly repetitively
* Expressed in a way it is too complicated to understand.
What is judicial notice?
- When a court takes judicial notice of a fact, it declares that it will find that the fact exists,or will direct the jury to do so even though evidence has not been established that the fact exists.
When a court takes judicial notice of a fact, it declares that it will find that the fact exists, or will direct the jury to do so even though evidence has not been established that the fact exists.
Under s 74, judges, in respect of their conduct as a judge, the Sovereign, Governor-General, and Sovereign or Head of State of a foreign country, are not compellable to give evidence.
What are the six objectives of the Evidence Act 2006 as set out in s6?
- Logical Rules for Establishing Facts
- Respecting Rights in the New Zealand Bill of Rights Ac
- Promoting Fairness
- Protecting Confidentiality and Public Interests
- Minimizing Cost and Delay
- Improving Access to Evidence Law
What are the two ways in which unfairness usually arises and may result in the exclusion of evidence?
- Unfair Prejudice: Evidence can be excluded if its admission creates unfair prejudice during the trial, even if the evidence is not directly harmful to the verdict.
- Improperly Obtained Evidence: Evidence that might not seem prejudicial on its own can still be excluded if it was obtained unfairly. For example, if a defendant’s confession was made under improper or coercive methods, it could be excluded, even if the confession itself is truthful or reliable.
Specific restrictions aside, if evidence is admitted, for what purposes can it be used?
Once evidence is admitted, it can generally be used for all purposes: “Evidence is either admissible for all purposes or it is not admissible at all”
What is the propensity rule of evidence?
Evidence that shows a person’s tendency to behave in a certain way or have a certain mindset.
It refers to past actions, events, or situations however, it doesn’t include evidence related to:
The main reason for the legal case.
The specific acts that are part of the crime being tried.
Define an “expert” under s 4 of the Evidence Act 2006?
Section 4 of the Act defines an “expert” as “a person who has specialised knowledge or skill, based on training, study or experience”.
SSETS
When would a communication with a legal adviser be ‘privileged’?
A communication with a legal adviser would be privileged when:
(a) The communication must be intended to be confidential.
(b) The communication is for the purposes of obtaining or giving legal services.
An associated defendant is not compellable to give evidence for or against a defendant unless two situations apply. State these two situations?
- (a) The associated defendant is being tried separately from the defendant; or
- (b) The proceeding against the associated defendant has been determined.
What is the meaning of self-incrimination under s 4 of the Evidence Act 2006?
Self-incrimination is “the provision by a person of information that could reasonably lead to, or increase the likelihood of, the prosecution of that person for a criminal offence” (s 4).
What types of offences are considered by law to require corroboration?
There are two types of offence in which the unsupported evidence of one witness is insufficient to support a conviction.
These are:
-Perjury s108 CA 1961
False statements s 110 CA 1961
False Oath s111
− Treason (s 73 Crimes Act).
What is the role of a judge in a trial by jury?
- Decide all questions concerning the admissibity of evidence.
- Instruct the jury on the rules of law in relation to the weight of the evidence
- Explain and enforce the principles of law.
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What is the purpose of cross-examination?
− to elicit information supporting the case of the party conducting the cross-examination
− to challenge the accuracy of the testimony given in evidence-in-chief, for example, by casting doubt on the witness’s veracity, or by eliciting contradictory testimony.
Under the Act, a hearsay statement is defined as (s4)?
“a statement that –
(a) was made by a person other than a witness; and
(b) is offered in evidence at the proceeding to prove the truth of its contents”
Can a witness refresh memory before Court, explain?
Witnesses may, before they give evidence in court, refresh their memory by reference to statements, briefs of evidence, or a deposition statement prepared on the basis of statements which they may have made some months before.
A previous consistent statement is admissible if? (Not exceptions)
(a) the circumstances relating to the statement provide reasonable assurance that the statement is reliable; and
(b) the statement provides the court with information that the witness is unable to recall.
Define Relevance?
Evidence is relevant “if it can prove or disprove anything that is of consequence to the proceeding”
