Rules of Evidence Flashcards
Define Hearsay evidence:
Oral or written statement of a person who is not produced as a witness in court.
Define Opinion evidence:
An inference from observed facts.
Outline and explain the reliability of hearsay evidence:
Contents of the statement
How the statement was taken
Accuracy of the statement
Nature of the statement
Truthfulness of the maker of the statement
(CHANT)
Outline and explain the expectations to giving hearsay evidence:
If the statement is reliable AND
The person is unavailable
It would cause undue expense or delay in obtaining the witness
(Section 18: General admissibility of hearsay)
Outline and explain the expectations to giving opinion evidence:
Generally inadmissible as witnesses are called to state facts, not personal opinion. Exceptions would be expert witnesses (pathologist etc) and some non-expert evidence.
Define Propensity evidence:
Shows a person’s tendency to act in a particular way (past behaviour)
What are the exceptions for Non-expert opinion evidence to be admissible:
Handwriting
If they regularly receive written documents from them.
Age
A witness can give an opinion about a person’s age.
Mental or physical condition:
About your own condition, not someone else’s.
Identification:
Witnesses opinion from what they have perceived in the past.
(HAMI)
Define Section 16(2): Unavailable as a witness:
Dead
Unfit due to age/physical/mental condition
Not compellable (judge, juror, defendant, sovereign)
Cannot with reasonable diligence be Identified or found
Outside NZ and is not reasonably practical to be a witness
(DUNCO)
What is a hostile witness?
Someone who gives evidence contrary to their statement which is unfavourable to the party which called them.
What must expert witnesses first do?
Establish credentials/expertise first
