Tesitmony

Question 1

4 things to verify when a witness is summond to court; Or… before a person is summonded to appear in court verfication must be made as to: (List 4)

Answer 1

• Whether they are allowed to give evidence
• Whether they are required to give evidence
• Whether they can refuse to give evidence
• What type of witness they will be

Question 2

When is a witness eligible and compellable to give evidence?

Answer 2

• A witness is eigible if they are lawfully able to give evidence on behalf of prosecution and defence.
• A witness is compellable if they can be required to give evidence against their will for both prosecution and defence.
• If a witness has entered the witness box and been sworn, they are under a compellable obligation to answer all questions put to them.

Question 3

What does section 71(1) say about eligibility and compellability?

Answer 3

In a criminal or civil proceeding
- Any person is eligble to give evidence
- A person who is eligible to give evidence is compellable to give that evidence

Question 4

Which of these statements is correct regarding eligibility and compellability of a witness in a proceeding? (M/C)

Answer 4

Any person who is eligible to give evidence is compellable.

Question 5

Compellability of defendants and associated defendants in criminal proceedings - Section 73

Answer 5

A defendant in a criminal proceeding is not a compellable witness for the prosecution or the defence in that proceeding.
An associated defendant is not compellable to give evidence for or against a defendant in a criminal proceeding unless
- The associated defendant is being tried seperatley from the defendant
- The proceeding against the associated defendant has been determined

Question 6

What is an associated defendant? - Section 73(4)

Answer 6

An associated defendant is someone against whom a prosecution has been initated for an offence
- Arising out of the same events as the offence for which the defendant is be tried or
- That relates to, or is connected with, the offence for which the defendant being tried

Question 7

An associated defendant is not compellable to give evidence for or against a defendant unless two situations apply, state these two situations - Section 73

Answer 7

• The associated defendant is being tried seperatley from the defendant
• The proceeding against the defendant has been determined

Question 8

A witness can be required to give evidence if? (M/C)

Answer 8

They are lawfully able to give evidence on behalf of both prosecution and defence.

Question 9

What are examples of privleges where a person cannot be compelled to give certain evidence to a court proceeding?

Answer 9

A privlege is the right to refuse to disclose or to prevent disclosure of what would otherwise be admissible
- Communication with legal advisors
- Communication with minister of religion
- Solicitors trust account
- Settlement negotiations or mediations
- Prepatory materials for proceedings
- Privilege against self-incrimination
- Information obtained by medical practitioners and clinical psychologists
- Informer privilege

Question 10

Limited privilege protecting information obtain by medical practioners and clinical pyschologists is allowed for under Section 59 of the Evidence Act 2006. To whom does this apply and to whom does this not apply under Section 59(1)?

Answer 10

• Applies to a person who consults or is examined by the medical practioner or clinical pyschologist for drug dependancy, or ther condition or behaviour that may manifest itself in criminal conduct
• Does not apply to a person who has been required by an order of a judge, or by other lawful authority, to submit themsleves to the medical practioner or clinical psychologist for any examination, test, or any other purpose.

Question 11

In realtion to privilege of medical practioners “Protected communication” refers to communication made by the patient to the doctor for him / her to examine, treat or act for the patient.

Answer 11

• Who is suffering from drug dependancy
• Who has another condition of behaviour that may manifest itself in criminal conduct

Question 12

What is required for communication with a legal adviser to be privileged

Answer 12

• The communication must be intended to be confidential
• The communication must be made for the purposes of obtaining or giving legal advice.
• The privilege is vested with the person seeking legal services; however, it can be waivered

Question 13

What are the privileges in regard to preparing for a proceeding?

Answer 13

• The privilege applies to communication or information made, received, complied or prepared for the primary purpose of preparing for a proceeding or a future proceeding.
• The privilege applies to a person if they are, or on reasonable ground contemplating becoming, a party to the proceedings or apprehended proceedings.

Question 14

What is the meaning of self-incrimination under Section 4

Answer 14

The provision by a person of information that could reasonably lead to, or increase the likelihoof of, the prosecution of that person for a criminal offence.

Question 15

When is privilege granted in relation to privilege againsts self-incrimination

Answer 15

The privilege applies if a person is required to provide specific information:
- In the court of the proceeding, or
- By a person exercising a statutory power of duty, or
- By a Police Officer or other person holding a public office in the course of an investigation into a criminal offence, and
The information would be likely to incriminate the person under NZ law if so provided.

Question 16

Under Section 121 it is not necessary in a criminal proceeding for the evidence on which the prosecution relies to be corroberate except with respect to the offence of:

Answer 16

• Perjury
• False oath
• False statement or declaration
• Treason