Rules Of Evidence

Question 1

Hearsay Evidence

Answer 1

Is the oral or written statement of a person who is not produced as a witness in court. It is admissible if statement is reliable AND the person is unavailable or it would cause undue expense or delay in obtaining the witness

Question 2

Reliability of Hearsay Statement

Answer 2

CHANT
Contents - Can it be corroborated?
How taken - When, state of individuals, environment
Accuracy - any factors affecting understanding
Nature - First/second hand? Oral/written?
Truthfulness - Is there motive to lie?

Question 3

Person is unavailable as a witness if:

Answer 3

DUNCO
Dead
Unfit due to age/health
Not compellable
Cannot be found
Outside NZ

Question 4

Opinion Evidence

Answer 4

Includes expert (doctors, pathologists) and non expert.
Non expert can comment on HAMI
Handwriting
Age
Mental or physical condition
Identification

Question 5

Propensity Evidence

Answer 5

Shows a person’s tendency to act in a particular way. Cannot be used unless directly related to current offence or in rebuttal