THE RULES OF EVIDENCE

Question 1

Three types of evidence are？

Answer 1

Hearsay evidence
opinion evidence
Propensity evidence.

Question 2

Definition of Hearsay:

Answer 2

Question 3

What is the Explanation of Hearsay?
Section 18: General admissibility of hearsay

Answer 3

Question 4

Definition of Opinion evidence

Answer 4

Opinion evidence is an inference from observed facts. 从观察到的事实推断

Question 5

Expert opinion evidence

Answer 5

A witness can give an expert opinion evidence if they are an expert or skilled by special study or experience in a particular field.

Question 6

Exceptions of Non-expert opinion evidence

Answer 6

1. Identification
2. Handwriting
3. Mental and physical condition
4. Age

Question 7

Propensity Evidence Definition

Answer 7

Evidence that tends to show a person’s propensity (tendency) to act in a particular way or to have a particular state of mind.

Question 8

Admissibility of Propensity Evidence?

Answer 8

The prosecution «cannot» use evidence of propensity if the only reason for presenting it is to show a disposition towards wrongdoing by the defendant.

Question 9

Reliability of a statement by a person who is not a witness in Court

Reliability of hearsay statement
Section 16(1)

Answer 9

• Contents of the statement
• How the statement was made
• Accuracy of the observation
• Nature of the statement
• Truthfulness of the maker of the statement

*声明的内容
*陈述是如何做出的
*观察的准确性
*声明的性质
*陈述者的真实性

Question 10

Unavailability of the hearsay statement
Section 16(2): Unavailable as a witness

Answer 10

A person is unavailable as a witness if they are:
D Dead
U Unfit due to age/physical/mental
condition
N Not compellable.
C Cannot, with reasonable diligence, be
identified or found
O Outside NZ, and it is not reasonably
practical to be a witness.

一个人在下列情况下不能作为证人:
1, 死
2, 由于年龄/身体/精神原因不适合条件
3, 不强制。
4, 做不到，通过合理的努力识别或发现
5, 在新西兰以外做证人，这是不合理不实际的。

Question 11

What is the Exception Section 27 Hearsay evident talk about?

Answer 11

Section 27 provides that all statements «made by the defendant&raquo_space;are «admissible» even if they are hearsay. However, it could be excluded for other reasons, for example, if the defendant’s statement has been obtained as a result of !!!oppressive behaviour!!! by the interviewer.
第27条规定，被告的所有陈述都是可采的，即使它们是道听途说。但是，其他原因可以排除。例如，如果被告的供词是由于采访者的压迫行为而获得的。