Rules Of Evidence Flashcards
Evidence is presented in what two forms?
- Oral testimony
2. Written documentation
What does the law of evidence dictate, also known as “the rules”?
What evidence is admissible or inadmissible
What is the definition of admissible?
Permitted to be put before the court.
What is the definition of inadmissible?
Not permitted to be put before the court.
Why are hearsay statements generally in admissible?
They are believed to be unreliable.
Circumstances of admissibility of a hearsay statement (x2)
- person is unavailable
* it would cause undue expense or delay in obtaining the witness
Reliability of a hearsay statement Acronym
CHANT Contents of the statement How the statement was made Accuracy of the observation Nature of the statement Truthfulness of the maker of the statement
Explanation of the acronym CHANT; C? 
- Level of detail contained
* Is it consistent?
Explanation of the acronym CHANT; H?
- State of mental awareness
- was the statement spontaneous
- were they aware the statement maybe used
Explanation of the acronym CHANT; A?
- external factors – noisy bars, concerts?
* Physical environment – night/day, rain?
Explanation of the acronym CHANT; N?
- first hand or secondhand?
* form the statement was in? E.g oral, notebook, recorded
Explanation of the acronym CHANT; T?
- was there a motive to lie?
- has the person previously lied to the police?
- Has the person previously been convicted of dishonesty offence?
Explanation of the acronym DUNCO; D?
Dead
What is the acronym - Unavailable as a witness
DUNCO
Explanation of the acronym DUNCO; U?
Unfit due to physical/mental condition or age
Explanation of the acronym DUNCO; N?
Not compellable e.g. judge, juror, the sovereign, governor general, a bank officer, a defendant against himself
Explanation of the acronym DUNCO; C?
Cannot with reasonable diligence be identified or found
Explanation of the acronym DUNCO; O?
Outside of New Zealand and it’s not reasonably practical to be a witness
What is opinion evidence?
Opinion evidence is an interference from observed facts
Why is opinion evidence generally inadmissible
A person’s opinion is not evidence
When is opinion evidence admissible (X2)
- expert opinion
* Non-expert opinion
Definition of expert opinion
If skilled or expert in a particular field and can give credentials to the court e.g pathologist can you give an opinion on a cause of death
Definition of non-expert opinion (X4)
- identification – what they perceived in the past
- handwriting – if they can prove to the court that they have received handwritten documents from such person you can give evidence and identify the handwriting
- age – you can give an opinion on someone’s age
- Mental/physical condition – you can give an opinion on your own condition, but not one on others
Definition of propensity evidence
Evidence that tends to show a persons tendency to act in a particular way or do you have a particular state of mind
Is propensity evidence generally inadmissible or admissible
Generally in admissible
Why is propensity evidence generally in admissible
Today is the only reason for presenting it is to show a disposition towards wrongdoing by the defendant. A persons propensity or tendencies to commit crimes is good for intelligent purposes but has limited value for evidential purposes
What is the meaning of the word propensity
A natural desire or need that makes you tend to behave in a particular way. Tendency
Section 27 provides what exception
It provides the statement made by the defendant to the police to be admissible even if they are hear say. If the police provide this statement in court. 
Under Section 27 – why could they evidence possibly be excluded?
The units could be excluded if it was obtained as a result of oppressive behaviour by the interviewer. For example if the interview encouraged the defendant to answer in a certain way.
Under the evidence act 2006, When must the OC advise the defence counsel of the prosecutions intention to call evidence of hearsay?
As soon as practicable
