Law Of Evidence In Criminal Proceedings Two Flashcards
When is an associated defendant a compellable witness against the defendant?
When they are being tried separately or the proceeding against them has been determined i.e. stayed, withdrawn, dismissed, they have pleaded guilty or have been acquitted, sentenced or otherwise dealt with
Explain legal professional privilege
Communication to obtain or seek professional legal services is privileged is intended to be confidential and not made for a dishonest purpose or to commit or plan an offence. Unauthorised possession or inadvertent overhearing does not necessarily abrogate the privilege
Explain privilege for communication with ministers of religion
Communication in confidence to or by the Minister in their capacity as a minister and for the purpose of obtaining or receiving religious or spiritual advice benefit or comfort.
Explain privilege for information obtained by medical practitioners and clinical psychologists
Privilege for consultation on drug dependency or another condition manifesting itself in criminal conduct, but not conditions resulting from unlawful conduct or the byproduct of criminal behaviour, and not where required by order of a judge.
Explain the privilege against self incrimination
A person compelled to provide information in a proceeding or to police has a privilege against incriminating themselves for an offence punishable by a fine or imprisonment. A defendant giving evidence has privilege only against a different offence to the one being tried
What further privileges protecting confidentiality apply?
Jury deliberations except those about the competence, conduct and capacity of a juror. Protection of journalists sources unless outweighed by public interest or the journalist is willing to disclose. Section 69 for public interest even if the recipient does not wish to preserve the confidence
What is the test for admission of evidence about a persons veracity?
Such evidence must be substantially helpful. In assessing this the judge may consider lack of veracity under a legal obligation, previous dishonesty convictions, previous inconsistent statements, bias or a motive to be untruthful
In what situations can the prosecution off the evidence about a defendants veracity?
If it is in issue, if the defendant has offered evidence about their own veracity or challenged that of a prosecution witness, it is substantially helpful, and the judge permits it.
When assessing the probative value of propensity evidence what may the judge consider?
The frequency of acts, how closely connected in time to the current offending, similarity, the number of people making allegations, whether allegations may be the result of conclusion, do the acts share similar unusual features
Define hearsay statement
A statement made by a person other than a witness offered to prove the truth of its contents.
Outline section 18 general admissibility of hearsay
Hearsay is admissible if the circumstances of the statement provide reasonable assurance of reliability and the statement maker is unavailable or undue expense or delay would be caused if the maker were required to be a witness
Define unavailable as a witness in proceeding
Dead or outside New Zealand and not reasonably practicable to be a witness or unfit because of age or physical or mental condition or cannot be identified or found or is not compellable
What written notice must be provided by a party proposing to offer a hearsay statement?
Their intention, name of the maker, contents, the circumstances assuring reliability, or why the document is a business record, or why the person is unavailable, or why and you expense or delay would be caused, and a copy if in writing, with sufficient time to respond.
Define associated defendant
A person being prosecuted for an offence that arose in relation to the same events or that relates to or is connected with the offence for which the defendant is being prosecuted
