J.F Evidence 6

Question 1

A person is unavailable as a witness when?

Answer 1

• Death: The person has passed away.
• Unfit to Testify: The person is physically or mentally unable to testify, for example, due to illness, injury, or incapacity.
• Cannot Be Found: After reasonable efforts, the person cannot be located.
• Outside the Jurisdiction: The person is out of the country and cannot be brought to court, and it’s not practical to arrange for their testimony through other means (e.g., video link).
• Privileged from Testifying: The person has the legal right to refuse to testify, such as in cases of spousal privilege or attorney-client privilege.

Question 2

A presumption of law?

Answer 2

May be rebuttable or irrebuttable

Question 3

When giving evidence in court, you should address the judge as?

Answer 3

Your honour or Sir/Ma’am

Question 4

The Court has a discretion to include propensity evidence against a defendant, if?

Answer 4

The usefulness of the evidence is more important than any potential negative impact it might have.

Question 5

In relation to privilege of medical practitioners, “protected communication” refers to communication made by the patient to the doctor for him/her to examine, treat or act for the patient:

Answer 5

1. Who is suffering for a drug dependency
2. Who has any other condition or behavior that manifests itself in criminal conduct

Question 6

A witness is deemed to be hostile when?

Answer 6

Refuses to answer questions or deliberately withholds information

Question 7

It is not necessary in court to prove “uncontroverted facts.” These are admitted as?

Answer 7

Judicial notice

Question 8

Section 25 of the Evidence Act 2006 governs the admissibility of expert evidence. If the evidence lead is opinion evidence, then in order to comply with the section 25 the opinion must?

Answer 8

a. Be that of an “expert”
b. Comprise “expert evidence”
c. Offer substantial help to the fact-finder in understanding other evidence of ascertaining any fact in the proceeding
d. All of the above (this one)

Question 9

Circumstantial evidence has been defined as?

Answer 9

A fact that by inference can prove another fact in issue

Question 10

A presumption of fact is?

Answer 10

Always rebuttable

Question 11

Before giving evidence?

Answer 11

The probative value of the evidence outweighs its prejudicial effect

Question 12

What is the general rule in relation to ‘establishing facts?’

Answer 12

All facts in issue and facts relevant to the issue must be proved by evidence

Question 13

It is not necessary in court to prove facts such as ‘the season of summer in New Zealand is over the period of December to February”, these facts are admitted as?

Answer 13

Judicial notice

Question 14

A witness is eligible to give evidence if?

Answer 14

They are lawfully able to give evidence on behalf of both prosecution and defence.