Voir Deir

Question 1

What is a voir deir?

Answer 1

Cornelius v the king: a hearing within a hearing to determine a question of law.

Question 2

What legislation applies to voir deir?

Answer 2

S189 evidence act

Question 3

What are the three circumstances in which a voir deir may be used?

Answer 3

S189(1) can be used to determine:
If evidence should be admitted,
If evidence can be used against a person Or
If a witness is competent or compellable

Question 4

Is the jury present for a voir deir?

Answer 4

No. S189 (2) Evidence act: should be heard in juries absence.

Question 5

What is the intended result of a voir deir?

Answer 5

Cornelius v the king: whether or not there is a prima facie reason for presenting the evidence at all to the jury

Question 6

Are the procedures the same for a voir deir the same in each jurisdiction?

Answer 6

Yes smithers v williams. Procedures should be the same before the magistrate and s judge/ jury.

Question 7

What are the 5 principles of a voir deir? Cite authority

Answer 7

DPP v Zhang 2007:

1. The grant of the voir deir is at the courts discretion. Not a right of the party requesting.
2. The party seeking voir deir must first satisfy the magistrate that there are reasonable grounds and must identify the issue to which it is directed.
3. Specification by counsel of issues to be examined is important to allow objections to be taken and considered on relevance.
4. The need for the magistrate to identify with precision the material which is objected to be taken and considered on relevance.
5. Where voir deir is permitted there is a further need for a magistrate to rule upon the admissibility of the evidence which is objected to in a clear and understandable terms during the prosecution case.

Question 8

Is a party entitled to a voir deir?

Answer 8

No. R v noel Geoffrey coward. Reasomable groybfs must exist. It is a discretion not a right.

Mcpherson v the queen: needs to be a real question not a fishing expedition

Voir deir: should never be permitted to be used as a means of attacking in advance the credibility of the testimony of a witness.

Question 9

Who bares the onus of proof in voir deir proceedings?

Answer 9

Clealand v the queen: the onus is on the crown to demonstrate involuntaruness or oppression. The onus is on the Defence to establish unfairness or illegality.

Question 10

What rules of evidenxe apply to voir deir?

Answer 10

S189(7) evidence act. Normal rules of evidence apply.

Question 11

What is the standard of proof for voir deir?

Answer 11

S142 evidence act: balance probabilities

Question 12

What happens to the evidence at the end of a voir deir proceedings?

Answer 12

Ex parte Whitlock re mackenzie: evidence taken on the voir deir foe summary trials is taken to be evidence on the case as a whole and is before the court for all purposes.

Question 13

When are some examples of when a vour deir may be used?

Answer 13

Arguing evidence should be admissible after illegal search under s138.
Whether admissions can be used
Wherher a child witness is competent to give evidence
Issues as to relevance of documents