Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

EVIDENCE 91 > TESTIMONY > Flashcards

TESTIMONY Flashcards

1
Q

Before a person is served with a summons, what four things must be verified about the witness:

A

(1) Whether they are ALLOWED to give evidence
(2) Whether they are REQUIRED to give evidence
(3) Whether they can REFUSE to give evidence
(4) What TYPE of witness they will be

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What does s71 say about ELIGIBILITY and COMPELLABILITY:

A

Everyone is eligible
All who are eligible are compellable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Can the spouse of a defendant be compelled to give evidence?

A

s71
Yes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

If everyone is eligible and compellable, then what is done in situations where the witness can’t give any meaningful or useful evidence due to issues like, age, mental ability, etc?

A

Their evidence could be ruled irrelevant s7, or
Excluded under s8.
Or under the hearsay rule s17 be deemed Unfit.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Are there any provisions that could over rule s71?

A

Yes:
s165 Criminal Proceedures Act 2011, a person can be excused by a Judge for “Just Cause”.
A person not excused may still be excused from answering CERTAIN QUESTIONS because of a PRIVILEGE.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Is a Judge compellable to give evidence in a matter he is presiding over?

A

s72
No.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What happens if a juror is required to give evidence? Are they compellable?

A

A juror is not compellable.
But, a Judge may grant the juror to give evidence. This will require the juror to step down from their duty and not return as a juror. The proceeding will continue with 11 jurors.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

s72
If a defendant acts as his own counsel, and a counsel is not compellable to give evidence, then is the defendant now uncompellable?

A

No. The defendant will not need judicial permission. They can give evidence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

s72
In what 5 circumstances could an associate defendant be compelled to give evidence:

A

(1) Tried separately
(2) Their proceeding is complete
(3) Their matter withdrawn or dismissed
(4) Aquitted
(5) Have been sentenced

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

If an ASSOCIATED defendant is being tried separately, can they be compelled to give evidence against the primary defendant of the crime?

A

s73
Yes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Are Sovereigns and Judges compellable? What section provides for this?

A

s74
No.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

s75
Is a banking officer compellable to produce banking records?

A

Not, if the record can be produced under s19 business records exception.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is a PRIVILEGE in relation to the giving of evidence?

A

It’s the right to refuse to disclose what would otherwise be admissible.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Privileged evidence can arise from three main areas:

A

(1) The CONTENTS of the evidence
(2) The CLASS of the evidence
(3) The nature of a PARTICULAR RELATIONSIP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What’s the main reason for withholding privileged information despite its potential relevance before the Court?

A

The preservation of important social relationships which depend for their EFFECTIVENESS on CONFIDENTIALITY.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

List 4 Privileges outlined in the Evidence Act:
(Ie. Certain information or relationships that are privileged).

A

• Communication with legal advisors
• Solicitors
• Ministers of religion
• Medical practitioners, Psycologists

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Is there a PRIVILAGE against self-incrimination in NZ? If so, what section.

A

Yes. s60.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Is there INFORMER PRIVILEGE in NZ? If so, what section?

A

Yes.
s64

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Does a Judge have wide discretion to prevent disclosure over material where privilege is at issue?

A

Yes.
s53(4)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

s52
Can a PRIVILEGE Holder WAIVER their right to withhold privileged material.

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

S52
If a privilege holder waivers their right to withhold a peice of evidence, can an INTERESTED PARTY request that the evidence remain privileged and withheld?

A

Yes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Does PRIVILEGE take primacy over all other public interests?

A

Yes. It must, because as the administration of justice as a whole rests on it.

23
Q

s54
Is COMMUNICATION for the purpose of seeking legal services PRIVILEGED?

A

Yes. This used to he called “Solicitor-Client Privilege”.

24
Q

s56
Is communication between a solicitor and other witnesses in the contemplation of proceedings also privileged?

A

Yes

25
Q

What is the prerequisite for PRIVILAGE when it comes to communication with legal advisers?

A

The communication must be intended to be confidential.

26
Q

Is communication between the REPRESENTATIVES of the privileged parties confidential?

A

Yes.

27
Q

Can PRIVILEGE extend to communication made for dishonest purposes?

A

No.

28
Q

Can privileged communication that is overheard by another party be exempt from the privilege?

A

No.

29
Q

Is communication made in the preparation of a proceeding privileged?

A

Yes.

30
Q

s58
Does privilege extend to all communication with a religious minister for spiritual advice, benefit or comfort?

A

s58
Yes

31
Q

Does religious privilege apply to communities that do not depend on a belief in some god?

A

No.

32
Q

A MINISTER OF RELIGION is defined as?

A

Someone who plays a PASTORAL ROLE in that community.

33
Q

s58
What is the overarching intent for having PRIVILAGED communication with medical practitioners regarding drug dependencies?

A

To encourage people to seek medical assistance in these matters.

34
Q

s59
Is communication from the medical practitioner to the patient privileged?

A

No. Only communication from the patient to the practitioner.

35
Q

s59 Medical Practioner communication.
Is communication via both parties representatives privilaged?
Explain your answer:

A

No. Communication directly from the patient to the practioner IS privileged

But, communication from a representative of the patient to the practioner is NOT privileged.

36
Q

s59
If a Judge orders a person to consult with a medical practioner, is that communication between practioner and patient privileged?

A

No.

37
Q

What section gives the Court overriding discretion to deal with confidences?

A

s69

38
Q

Is treatment and communication and information confidential and protected under s59 when it arises from criminal activity?

E.g. a person seeks treatment yet discloses to the physician that the injury was sustained during the commission of a crime.

A

No

39
Q

s60
Can one person claim the privilege against self-incrimination on behalf of another?
Are there any exceptions?

A

No, they can’t.
Unless it is a legal representative on behalf of their client.

40
Q

s60
Can a company claim privilege against self-incrimination?

A

No

41
Q

Can a person claim privilege against self-incrimination when they have elected to give evidence in a proceeding where they are the defendant?
Is there an exception?

A

No, they can’t claim privilege if the self-incrimination relates to the matter being tried.
But, they can claim privilege if it relates to incriminating themselves for some other crime.

42
Q

s64(2)
How is an INFORMANT defined?

A

A person who has supplied
Gratuitously or for reward
Information to an enforcement agency
Concerning commission of offences
In circumstances expecting his identity will not be disclosed

43
Q

s64(3)
Can an informer be a member of police working undercover?

A

Yes

44
Q

s64
Does an informers privilege apply if they are called to give evidence in court?
Is there an exception?

A

No, the privilege does not apply to the informer if they are called to give evidence.
But it does still apply to a police officer who acted undercover and is called to give evidence.

45
Q

Can privilage under s64 be disallowed by a Judge during a proceeding.

A

Yes

46
Q

The deliberations of a jury are protected and confidential. However, there are some matters pertaining to jurors that are not protected, what are they:

A

(1) Matters that might disqualify a juror, eg a juror who conducts their own inquiries.
(2) In circumstances where the Judge deems are EXCEPTIONAL and SUFFICIENTLY COMPELLING to allow the evidence to be given

47
Q

Where a Jude deems the circumstances so exceptional and SUFFICIENTLY COMPELLING to allow evidence to a jury deliberation to be given in court, the Judge must first weigh the following:

A

(1) The public interest in PROTECTING THE CONFIDENTIALITY of jury deliberations
(2) The public interest in ENSURING JUSTICE IS DONE in those proceedings.

48
Q

s68
Do journalists informants have identity privilege?
If so, can a Judge over rule this after a weighing of the efect on the informant vs the effect on the media to obtain facts?

A

Yes, informants do have such privilege.
Yes, a Judge can over rule the privilege.

49
Q

Can a journalist disclose their source if they so choose?

A

The source is privileged, but the journalist can choose to disclose it.

50
Q

What three things must not be disclosed under subsection s69(1):

A

(a) a confidential COMMUNICATION
(b) any confidential INFORMATION
(c) any information revealing a CONFIDENTIAL SOURCE of information

51
Q

Can a case be proven on the testimony of just one witness, unsupported by any other evidence?

Are there any exceptions?

A

Yes, one cogent and reliable witness testimony will suffice.

Yes, there are exceptions for matters such as purjury and treason that require corroboration.

52
Q

What is CORROBERATION?

A

Independent evidence that tends to confirm or support some fact or other evidence.

53
Q

When might a judge warn the jury about relying on uncorroborated evidence:

A

(1) The judge must issue this warning if the offence is either one of PURJURY or TREASON
(2) If the evidence is not reliable

54
Q

Can a judge warn a jury about the reliability of evidence offered by a CHILD COMPLAINANT?

A

s125
No. Not if the warning would not have been given if the child were an adult.

EVIDENCE 91 (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions