Statutes -Evidence

Question 1

Section 40 Evidence Act 2006

Propensity rule (1)

Answer 1

(a) means evidence that tends to show a person’s propensity to-

• act in a particular way or,
• to have a particular state of mind,

being evidence of acts, ommissions, events or circumstances with which the person is alleged to have been involved; but

(b) does not include evidence of an act or omission that is-

• 1 of the elements of the offence
• the cause of action in the proceeding in question

Question 2

Section 43 Evidence Act 2006

Propensity evidence offered by prosection

(1)

Answer 2

(1) only if the evidence has a probative value in relation to an issue in dispute which outweighs the risk that the evidence may have an unfairly prejudical effect on the defendant

Question 3

Section 43 Evidence Act 2006

Propensity evidence offered by prosection

(2)

Answer 3

The judge must take into account the nature of the issue in dispute

Question 4

Section 43 Evidence Act 2006

Propensity evidence offered by prosection

(3)

Answer 4

(3) Considerations for judge when assessing probative value:
a) the frequency with which the acts, ommissions, events or circumstances which are the subject of the evidence have occured
b) the connection in time between the acts ommissions, events or circumstances which are the subject of the evidence and the acts ommissions, events or circumstances which are being tried;
c) the extent of the similarity between the acts ommissions, events or circumstances which constitute the offence being tried;
d) the number of persons making the allegations
e) whether those allegations be the result of collusion or suggestibility
f) the extent to which the acts ommissions, events or circumstances which are the subject of the evidence and the acts, ommissions, events or circumstances which consistue the ofence are unusual.

Question 5

Propensity -admissibility & relevance

Adams on Criminal Law

Answer 5

Adams on Criminal Law

Persistent dishonesty accross the board, embracing a number of offences would not in itself bring the propensity rule into play. It is more likely to be deployed in cases involving specific offences with a discernable methodology or pattern

Question 6

Evidence Act 2006 Section 7 (3) Evidence & relevance

Answer 6

Evidence is relevant:

if it has a tendency to prove or disprove anything that is of consequence to the deteremination of the proceeding.

Question 7

Veracity Rules Legislation Sec 37 Evidence Act 2006 (1) Substantially helpful…

Answer 7

S37 Evidence Act 2006 (1)

A party may not offer evidence in a civil or criminal proceeding about a person’s veracity unless the evidence is substantially helpful in assessing that person’s veracity.

Question 8

Veracity Rules Legislation (

3) Whether or not evidence proposed to be offered about the veracity of a person is substantially helpful, the Judge may consider, among any other matters, whether the proposed evidence tends to show 1 or more of the following matters:

Answer 8

S37 Evidence Act 2006 (3)

(a) lack of veracity on the part of the person when under a legal obligation to tell the truth (for example, in an earlier proceeding or in a signed declaration):
(b) that the person has been convicted of 1 or more offences that indicate a propensity for dishonesty or lack of veracity:
(c) any previous inconsistent statements made by the person:
(d) bias on the part of the person:
(e) a motive on the part of the person to be untruthful.

Question 9

Associated Defendant

Definition

Answer 9

S73 Evidence Act 2006 An “associated defendant” is :

• someone against whom a prosecution has been initiated for an offence arising out of the “same events” as the offence for which the defendant is being tried (s73(4)(a)), or
• “that relates to, or is connected with,” the offence for which the defendant is being tried (s73(4)(b)).

Question 10

Hearsay Evidence

Under 16(1) of the Evidence Act 2006 what things should be considered?

Answer 10

1. The nature of the statement
2. The contents of the statement

The circumstances:

1. of the statement
2. relating to the veracity of the statement
3. relating to the accuracy of the statement

Question 11

Section 10(4) of the Evidence Act refers to the mode or form of disclosure. What does it say?

Answer 11

Provides for the provision that disclosure may be supplied in whatever from including electronically, tha the person disclosing the information holds it at the time fo the request.

Consideration must be taken whether the defendant or counsel has access to electronic disclosure (a computer)