Rules Of Evidence

Question 0

What is hearsay evidence?

Answer 0

Oral or written statement of someone who is not produced as a witness in court

Question 1

What are the three types of evidence?

Answer 1

Hearsay
Opinion
Propensity

Question 2

Section 18: General admissibility of hearsay

Answer 2

Can be admissible if the statement is reliable and either

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

Question 3

Reliability of hearsay statements depends on what?

Answer 3

CHANT

Question 4

What does C in chant mean?

Answer 4

Contents of the statement
Known to statement maker only
Corroborated

Question 5

What does A in chant mean?

Answer 5

Accuracy of the statement

Crowded bar, noisy concert

Question 6

What does H in chant mean?

Answer 6

How the statement was taken

Environment, drunk, tired, frightened

Question 7

What does N in chant mean?

Answer 7

Nature of the statement

First or second hand hearsay

Question 8

What does T in chant mean?

Answer 8

Truthfulness of the maker of the statement

Motive to lie, nervous, demeanour

Question 9

Section 16(2) unavailable as a witness

Answer 9

Dead
Unfit due to age/physical/mental
Not compellable judge/sovereign
Cannot be identified or found
Outside NZ

Question 10

What does admission mean

Answer 10

Anything the defendant says

Question 11

What does confession mean

Answer 11

Full statement admitting guilt

Question 12

What is opinion evidence?

Answer 12

Is an inference from observed facts

Question 13

Two types opinion evidence

Answer 13

Expert or non expert

Question 14

Expert

Answer 14

Skilled by special study or experience e.g pathologist

Question 15

Non expert

Answer 15

Identification of another
Handwriting
Age
Mental or physical condition but only your own

Question 16

What is propensity evidence

Answer 16

Evidence about a past behaviour of a person, tendency