Rules of Evidence

Question 1

What is Hearsay Evidence?

Answer 1

Written or oral statement of someone who is not appearing in court as a witness.

In the form of a statement given to the court by another person or in a document as evidence of truth of what has been stated.

Question 2

Hearsay Evidence can be admissible if it is?

RUD

Answer 2

RELIABLE and either:
The person is UNAVAILABLE
or
It would cause undue expense or DELAY in obtaining the witness

Question 3

Reliability of Hearsay evidence depends on?

CHANT

Answer 3

C= Contents of the statement
(Can it be corroborated, known to statement maker only)

H = How the statement was taken (Environment, sober/drunk/tired, calm/frightened)

A = Accuracy of the statement
(Crowded bar, noisy concert)

N = Nature of statement
(First or second hand hearsay)

T = Truthfulness of maker
(Motive to lie, demeanour of maker i.e. nervous)

Question 4

Unavailability / Undue expense or delay of hearsay statements depends on?

DUNCO

Answer 4

Section 16(2) – Unavailable as a witness if they are:

D = Dead

U = Unfit due to age, physical or mental condition

N = Non compellable such as a judge, juror or counsel, defendant against himself

C = Cannot with reasonable diligence be identified or found.

O = Outside NZ & it is not reasonably practical to be a witness.

Question 5

What is Propensity Evidence?

Answer 5

Shows a person’s tendency to act in a certain way / manner / state of mind.

Not admissible unless they bring it up.

Prosecution cannot use evidence of propensity if they are only reason for presenting it is to show a disposition towards wrong doing.

Question 6

What is Opinion Evidence?

Answer 6

Opinion evidence is a conclusion made form observed facts.

Generally inadmissible unless an expert opinion

Question 7

What are the two types of opinion evidence?

Answer 7

Expert Opinion Evidence:

Expert / Skilled / Special Study / Experienced

A pathologist can comment on cause of death as he is an expert by special study

Non Expert Opinion Evidence:

You or I on our own mental/physical state, age of others, or identity

Generally inadmissible but some exceptions are:

H = handwriting
A = Age
M = Mental/ Physical condition of self
I = Identification

Question 8

What is admissible evidence?

Answer 8

Evidence that is permitted to be put before the court

Question 9

What is Inadmissible evidence?

Answer 9

Evidence that is not permitted to be put before the court for consideration.

Question 10

What is a confession?

Answer 10

Full statement admitting guilt

Question 11

What is a admission?

Answer 11

Anything the accused person says.