Rules of Evidence

Question 1

Hearsay Evidence - Unavailable as a witness

Answer 1

D - Dead
U - Unfit due to age/physical/mental condition
N - Not compellable (Conflicts of interest/bank officer/defendant + co-defendants)
C - Cannot with reasonable diligence be identified or found
O - Outside NZ and it is not practicable to be a witness

Question 2

Hearsay Evidence - Reliability of hearsay statement

Answer 2

C - Contents of statement
H - How the statement was taken
A - Accuracy of the statement
N - Nature of the statement
T - Truthfulness of the maker of the statement

Question 3

Opinion Evidence - Non-expert Opinion Evidence

Answer 3

H.A.M.I

ID - This is because a person, the witnesses opinion is about what they have perceived in the past
Handwriting - Identifying a persons handwriting as long as they have regularly received written documents from them
Mental/Physical Condition - Can give an opinion on their own condition only
Age - A witness can give an opinion about a persons age

Question 4

Propensity Evidence

Answer 4

Evidence that tends to show a person’s propensity (tendency) to act in a particular way or have a particular state of mind - Generally in-admissible.