testimony 2 Flashcards
Drug dependency Legislation Defintion
S59 Evidence Act 2006 Means the state of periodic or chronic intoxication produced by the repeated consumption, smoking, or other use of a controlled drug detrimental to the user, and involving a compulsive desire to continue consuming, smoking, or otherwise using the drug or a tendency to increase the dose of the drug.
Self Incrimination Legislation Definition
S4 Evidence Act 2006 The provision by a person of information that could reasonably lead to, or increase the likelihood of, the prosecution of that person for a criminal offence Of note This will apply not only to information directly admitting criminal acts, but also to matters forming links in the chain of proving such acts.
Self Incrimination Legislation Applies if a person is (apart from this section) required to provide specific information—
S60 Evidence Act 2006 (i) in the course of a proceeding; or (ii) by a person exercising a statutory power or duty; or (iii) by a police officer or other person holding a public office in the course of an investigation into a criminal offence or possible criminal offence; and (b) the information would, if so provided, be likely to incriminate the person under New Zealand law for an offence punishable by a fine or imprisonment.
Informer Privilege Legislation (1) An informer has a privilege in respect of…….. And what is an informer (2) A person is an informer for the purposes of this section if the person -
S64 Evidence Act 2006 (1) An informer has a privilege in respect of information that would disclose, or is likely to disclose, the informer’s identity. (2) A person is an informer for the purposes of this section if the person - (a) has supplied, gratuitously or for reward, information to an enforcement agency, or to a representative of an enforcement agency, concerning the possible or actual commission of an offence in circumstances in which the person has a reasonable expectation that his or her identity will not be disclosed; Of note and (b) is not called as a witness by the prosecution to give evidence relating to that information. (3) An informer may be a member of the police working undercover.
Informer Privilege may be disallowed Must and May be disallowed
Must be disallowed by the judge where there is a prima facie case that the information was given for a dishonest purpose, or to enable or aid anyone to commit, or plan to commit, an offence. May be disallowed where the judge is of the opinion that evidence of the information is necessary to enable the defendant to present an effective defence.
Confidentiality When can a judge allow evidence about jury deliberations When the judge is…… And must weigh up……..
Is satisfied that the circumstances are so exceptional that there is a sufficiently compelling reason to allow the evidence to be given. must weigh up: • the public interest in protecting the confidentiality of jury deliberations generally, and • the public interest in ensuring that justice is done in those proceedings. Of note The general rule is that evidence must not be given about the deliberations of a jury, which includes everything that was said or done during the time that the jury was performing its fact-finding function. This rule promotes the finality of verdicts, and permits unencumbered discussion during deliberations. However, evidence that did not form part of the jury deliberations can be given about issues connected with the jury, such as evidence about the competence and capacity of a juror; or knowledge gained by, or conduct of, a juror that may disqualify the juror. This may include, for example, a juror who conducts his or her own inquiries.
Confidentiality Protection of journalists’ sources Legislation Where a journalist…….
S68 Evidence Act 2006 Where a journalist promises an informant not to disclose the informant’s identity, neither the journalist nor his or her employer is compellable to answer any question, or produce any document, that would disclose the identity of the informant or enable that identity to be discovered.
Confidentiality Protection of journalists’ sources When a judge may order protection will not apply When the judge is……..
Satisfied by a party to the proceeding that the public interest in the disclosure of the identity of the informant outweighs: • any likely adverse effect of the disclosure on the informant or any other person, and • the public interest in the communication of facts and opinion to the public by the news media and, accordingly also, in the ability of the news media to access sources of facts.
Overriding discretion as to confidential information Legislation Allows the judge to……
S69 Evidence Act 2006 Allows the judge to prevent disclosure of confidential information after weighing up various factors to determine if the public interest justifies protection of the material. Of note The focus of the section is on confidentiality, and does not require any special relationship to be shown. Section 69 permits a judge to protect confidentiality even where the person to whom the confidence was imparted does not wish to preserve the confidence. A judge can give a direction under s69 on the judge’s own initiative or on the application of an “interested person”.
Corroboration Legislation
S121 Evidence Act 2006 (1) It is not necessary in a criminal proceeding for the evidence on which the prosecution relies to be corroborated, except with respect to the offences of— (a) perjury (section 108 of the Crimes Act 1961); and (b) false oaths (section 110 of the Crimes Act 1961); and (c) false statements or declarations (section 111 of the Crimes Act 1961); and (d) treason (section 73 of the Crimes Act 1961).
Child Complainants Legislation Section 125(1) prohibits a corroboration warning in cases involving child complainants where the warning would not have been given had the complainant been an adult. (1) In a criminal proceeding tried with a jury in which the complainant is a child at the time when the proceeding commences, the judge must not…….
S125 Evidence Act 2006 The Judge must not give any warning to the jury about the absence of corroboration of the evidence of the complainant, if the Judge would not have given that kind of a warning had the complainant been an adult.
