Rules of Evidence

Question 1

Define Hearsay Evidence.

Answer 1

Hearsay is a written or oral statement from someone who is not produced as a witness in court.
AND
The statement is provided to the court by someone else or in a document.
AND
The purpose of the statement is to prove truthful what has been stated.

Question 2

When might hearsay evidence be admissible?

Answer 2

1. the person is unavailable.

2. when it would cause undue delay or expense in obtaining the witness.

Question 3

How do you check the reliability of hearsay evidence?

Answer 3

Contents of the statement.
How the statement was made.
Accuracy of the observation.
Nature of the statement.
Truthfulness of the statement maker.

Question 4

When is a person unavailable to be a witness?

Answer 4

Dead
Unfit - medically/mentally
Non compellable e.ge a defendant or judge or juror on the trial
Can not be diligently located or identified
Outside of NZ, undue cost or delay in bringing back to NZ

Question 5

Define opinion evidence.

Answer 5

Inference from observed facts, can be expert or non-expert

Question 6

Define propensity evidence

Answer 6

Evidence that shows a tendency for a person to act in a certain way or have a particular state of mind.