multi's Flashcards
where the onus falls on the defence to prove a particular element, the standard of proof required is?
on the balance of probabilities
circumstantial evidence has been defined as
a fact that by inference can prove another fact in issue
once the judge has granted an application to treat a witness as hostile, that witness may be…
- asked leading questions
- questions as to prior inconsistent statements
- tested on such matters as the accuracy of his/her memory and perception
what is the meaning of veracity
a disposition of a person to refrain from lying, whether generally or in a proceeding
what is the purpose of the examination in chief
to elicit testimony that supports the case of the party calling that witness
what offence requires corroboration of a complainants statement in a criminal proceedings
false oaths
when is a witness eligible to give evidence
if they are lawfully able to give evidence on behalf of both prosecution and defence
which is not an example where judicial notice can be taken
a sexual complainant under 16
an oath and affirmation may be taken by
any witness 12 years and over involved in a proceeding
where an expert evidence is called to give special evidence, what must they demonstrate
the expert must demonstrate to the court that he/she has the qualification to be deemed an expert
what can a witness use to refresh their memory before giving evidence in court
either their original statement or their deposition
what statement is correct regarding the eligibility and compellability of a witness in a proceeding
any person who is eligible to give evidence is compellable
a person is unavailable as a witness when
the person is overseas and cannot be contacted
a presumption of law ….
may be rebuttable or conclusive
when giving evidence in court you address the judge as…
your honour, sir or ma’am
the court has a discretion to include propensity evidence against a defendant if what
if the probative value of the evidence outweighs its prejudicial effect
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 who is what
- who is suffering for a drug dependency
- who has any other condition or behaviour that manifests itself in criminal conduct
when is a witness deemed to be hostile
when they refuse to answer questions or deliberately withholds information
it is not necessary in court to prove uncontroverted facts. these are admitted as what
as judicial notice
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 section 25, the opinion must…
- be that of an expert
- comprise of expert evidence
- offer substantial help to the fact finder in understanding other evidence or ascertaining any fact in the proceeding
the court has discretion to include propensity evidence against a defendant if
the probative value of the evidence outweighs its prejudicial effect
circumstantial evidence has been defined as
a fact that by inference can prove another fact in issue
a person is unavailable as a witness when
the person is overseas and cant be contacted
what is the general rule in relation to establishing facts
all facts in issue and facts relevant to the issue must be proved by evidence
it is not necessary in court to prove facts such as the season of summer in nz is over the period of december to february, these facts are admitted as
judicial notice
a witness is eligible to give evidence if
they are lawfully able to give evidence on behalf of both prosecution and defence
what is evidence
evidence is a term for the whole body of material which a court or tribunal ie in criminal cases what the judge or jury - may take into account in reaching their decision.
evidence may be oral, written or visual form.
