Rules of Evidence

Question 0

What is

Section 18: General admissibility of hearsay?

Answer 0

A statement can be admissible if the statement is reliable AND either:

• the person is unavailable, or
• it would cause undue expense or
delay in obtaining the witness.

Question 1

What is Hearsay Evidence?

Answer 1

Hearsay evidence is the oral or written statement of a person who is not produced as a witness in court. Rather the statement is given to the court by another person, or in a document, as evidence if the truth of what has been stated.

Question 2

Section 18 Reliability of of Hearsay Statement

Circumstances include:

Answer 2

C ontents of the statement (logical order? Would this info. have been known to statement maker only? Can statement of part if it be corroborated?

H ow the statement was taken (physical environ., mental alertness of receiver of statement- drunk, tired.)

A ccuracy of statement (external factors- crowded bar, noisy concert, hearing impaired)

N ature of the statement (is it 1st hand or 2nd hand hearsay? What form is statement in - oral, recorded, signed statement?)

T ruthfulness ( was there a motive to lie? Was statement maker under a duty? Demeanour of statement maker- nervous?)

Question 3

Section 16(2) Unavailable as a Witness

When?

Answer 3

D ead

U nfit due to age/physical/mental 
   condition 
N ot compellable. Sovereign, judge    
    & juror if part of proceedings, 
    Bank officer, defendant against
    himself or against co-defendant 

C annot with reasonable diligence
be identified or found

Outside NZ and it is not
reasonably practical to be a
witness

Question 4

What is the difference between a CONFESSION and an ADMISSION?

Answer 4

An admission is anything the defendant says.

A confession is a full statement admitting guilt.

Question 5

What is the definition of Opinion Evidence?

Answer 5

An inference of observed facts

Generally inadmissible as evidence because a witness is called to state facts; his or her personal opinion is NOT evidence. It is up to the judge and jury to form their own opinion.

Question 6

Expert Opinion Evidence is:

Answer 6

Evidence from an expert in their field.

Eg. A pathologist can give opinion evidence about the death if a person.

Question 7

What are the exceptions for Non-expert Opinion Evidence?

Answer 7

H andwriting (person familiar with)

A age (witness can give opinion)

M ental or physical (of self)

I dentification ( what they perceive 
  past.

Question 8

What is Propensity Evidence?

Answer 8

Shows a persons propensity (tendancy) to act a particular way or to have a particular state of mind. NOT GENERALLY ADMISSIBLE