Rules Of Evidence

Question 0

Hearsay evidence is admissible if the circumstances in Sect 18 exist and the circumstances relating to the statement provide reasonable assurance that the statement is reliable.

Circumstances include:

Answer 0

CHANT

• Contents of the statement
• How the statement was taken
• Accuracy of the statement
• Nature of the statement
• Truthfulness of the maker of the statement

Question 1

A person is unavailable as a witness if:

Answer 1

DUNCO

• Dead
• Unfit due to age/physical/mental condition
• Not compellable eg (sovereign, judge, defendant)
• Cannot with reasonable diligence be identified or found
• Outside NZ

Question 2

Opinion of non-expert not usually admissible. What are the exceptions?

Answer 2

HAMI

• Handwriting
• Age: give opinion about a persons age
• Mental or physical condition of themselves
• Identification

Question 3

Propensity

Answer 3

Evidence that tends to show a persons tendency to act in a particular way or to have a particular state of mind.

Question 5

Four types of evidence

Answer 5

• Direct evidence
• Documentary evidence
• Real evidence
• Circumstantial evidence

Question 6

What witnesses are non-compellable (they do not have to give evidence)?

Answer 6

• The accused (never compellable by prosecution)
• Judge
• Juror
• Counsel
• Sovereign
• Governor General
• Bank officer producing banking records

Question 7

Witnesses who are not competent are:

Answer 7

• The Sovereign
• A mentally disordered person
• A drunk person
• A very young child
• A person who is ill