Rules of Evidence

Question 1

What is ‘Hearsay Evidence’?

Substantiated

Answer 1

INFO RECEIVED FROM PEOPLE THAT CANT BE SUBSTANTIATED (proved,validated, confirmed)
i.e rumor/gossip or when someone tells you something and may misinterpret what was said

Question 2

How to determine the reliability of ‘Hearsay Evidence’

C.H.A.N.T

Answer 2

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

• CONTENTS of the statement (corroborated)
• HOW the statement was taken (environment/drunk)
• ACCURACY of the statement (noisy)
• NATURE of the statement (1st or 2nd hearsay)
• TRUTHFULNESS of the maker (motive to lie)

Question 3

Reasons why a witness would be unavailable?

D.U.N.C.O

Answer 3

• DEAD
• UNFIT due to age, physical or mental condition
• NON COMPELLABLE (Judge, Juror, Counsel, Defendant against himself)
• CANNOT with reasonable diligence be identified or found (Sailor lost at sea)
• OUTSIDE NZ and is not reasonably practical to be a witness

Question 4

What is ‘Propensity Evidence’?

Answer 4

Its a persons tendency to act in a certain manner/way or have a particular state of mind

Question 5

‘Propensity Evidence’ is inadmissible when?

Answer 5

Previous offences or offending cannot determine the outcome of outstanding or current offences

Question 6

What is ‘Opinion Evidence’?

Answer 6

Personal opinion is not evidence and is generally inadmissible in court unless it is the opinion of an expert or professional in that particular field

Question 7

What can a ‘Non-expert’ give an opinion on?

Answer 7

• Age
• their own mental or physical wellbeing
• handwriting
• Identification