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CPK > Evidence > Flashcards

Evidence Flashcards

1
Q

What is evidence?

A

The whole body of material a court may take into account in reaching their decision

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2
Q

Rules of evidence - 3 categories (HWT)

A
  1. HOW evidence may be given.
  2. WHO may give evidence.
  3. TYPE of material that may be given in evidence.
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3
Q

What is Relevant evidence?

A

Evidence that has a tendency to prove or disprove anything of consequence to the determination of a proceeding

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4
Q

Sec.7 Evidence Act 2006
All relevant evidence is admissible except evidence that is?

A

*Inadmissible
*Excluded
*Not relevant

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5
Q

What is prejudicial evidence?

A

Evidence adverse to a party’s case; jury may give it more weight than it deserves

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6
Q

Ways of Giving evidence

A

*Ordinary way - orally in court, or by consent, or reading a written statement if agreed upon by prosecution &defence
*Alternative way - in court but unable to be seen by defendant, including AVL
*any other way

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7
Q

Definition of a witness

A

Person who gives evidence and is able to be cross-examined

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8
Q

Definition of child complainant and child witness

A

Complainant/witness U/18 years when charges filed

Note - does not include defendant who is a child

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9
Q

Definition of veracity

A

Person’s disposition to refrain from lying

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10
Q

Sec.8 General Exclusion:
A judge must exclude evidence if?

A

Its probative value is outwieghed by the risk the evidence will
*have an unfairly prejudicial effect on the proceeding
*needlessly prolong the proceeding

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11
Q

What is the Sec.8 General Exclusion test regarding evidence?

A

Balancing the probative value of evidence against the risk it will
*have an unfairly prejudicial effect on the proceeding
*needlessly prolong the proceeding

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12
Q

Definition of Admissible Evidence

A

Evidence that is legally able to be received by a court

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13
Q

What is the Woolmington Priciple?

A

The Burden of Proof lies with the prosecution in relation to all the elements of the offence

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14
Q

Definition of Beyond Reasonable Doubt

A

A very high standard of proof

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15
Q

Definition of Balance of Probabilities

A

More probable than not

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16
Q

If the defence suggest an explanation for the defendant’s actions, such as acting in self-defence, what is this known as?

A

Evidential Burden, on the defence.

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17
Q

The conduct of criminal trials follows what systems of justice?

A

Adversarial or Accusatorial

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18
Q

What ages must take an oath or affirmation before giving evidence?

A

Witnesses 12 years or older

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19
Q

If a witness is under 12 years old, what must a judge do before they give evidence?

A

Inform them of the importance of telling the truth and not lies; and
make a promise to tell the truth

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20
Q

Definition of a hostile witness?

A

*Witness who exhibits a lack of veracity
*Gives evidence inconsistent with their statement with intention to be unhelpful
*Refuses to answer, or deliberately withholds evidence

21
Q

When is Initial Disclosure made?

A

within 15 working days after start of proceedings

22
Q

Initial Disclosure is limited to what documents?

A

*SOF
*Charging document
*Maximum penalty for offence
*Previous convictions (QHA)
*Previous Youth history
*Summary of defendant’s right to apply for further info

23
Q

When should Full Disclosure be made?

A

As soon as practicable after:
- defendant has pleaded not guilty
- CYP, first appearance in Youth Court

24
Q

Sec.103 EA 2006
Grounds for evidence being given an alternative way by witness

A

*age/maturity
*physical, intellectual impairment
*trauma
*fear
*linguistic, cultural, religious background
*nature of proceeding
*relationship to defendant
*absence from NZ

25
Q

Definition of Propensity

A

A person’s tendency to act in a particular way, or have a particular state of mind

26
Q

Definition of Circumstantial Evidence

A

Evidence of circumstances that don’t directly prove a fact in issue, but allow inferences to be drawn

27
Q

Definition of hearsay?

A

A statement made by a person other than a witness (second hand)

28
Q

Define Facts in Issue

A

Facts which the prosecution must prove to establish the elements of the offence

29
Q

Define Weight of Evidence

A

Evidence’s value in relation to the facts in issue

30
Q

Define Probative Value

A

How strongly evidence points to the inference it is said to support

31
Q

Define Prejudicial

A

Evidence adverse to a party’s case
- jury may give it more weight than it deserves

32
Q

Define Direct Evidence

A

Evidence by a witness as to a fact in issue (e.g. witness who states they saw the defendant stab the victim with a knife)

33
Q

What is a statement?

A

*A spoken or written assertion by a person; or
*Non-verbal conduct of a person, intended as an assertion

34
Q

Why is hearsay evidence generally not admissible?

A

The maker of the statement is not able to be cross-examined and its reliability determined (e.g.Chinese whispers)

35
Q

Sec.18 What are the exceptions to the general admissibility of a hearsay statement?

A

*Reliability (of the statement)
*Unavailability (maker of statement)
*Undue expense or delay (if maker of statement required to be a witness)

36
Q

What is a business record?

A

*A document/record of that business; and
*From info supplied directly/indirectly by a person who court reasonably supposed had personal knowledge of the matters dealt with in the info supplied

37
Q

What is Visual Identification evidence?

A

*An assertion based wholly/partly on what the person saw; or
*An account (written/oral) of an assertion

38
Q

Under Sec.122 what must a judge consider?

A

Uncorroborated evidence such as hearsay may be unreliable. Judge must consider whether to warn jury about the need for caution

39
Q

Sec.121 Uncorroborated Evidence

A

Except for Perjury, False Oaths/Statements and Treason there is no requirement for a judge to give a warning about uncorroborated evidence

40
Q

Refreshment of memory in court
(whilst giving evidence)

A

*Leave of judge must be obtained
*Document must be shown to every other party
*Document must have been made by witness when memory was fresh

41
Q

Refreshment of memory out of court (before giving evidence)

A

*Defence should be advised
*If requested, copy of statement made available

42
Q

Explain the difference between communication assistance for a defendant and a witness in a trial

A

*Defendant entitled to enable understanding of entire proceeding
*Witness entitled to allow them to give evidence only

43
Q

Sec.103 Grounds for witness evidence to be given in alternative way

A

*age/maturity
*physical/intellectual impairment
*trauma suffered
*fear of intimidation
*linguistic/cultural background
*nature of proceeding
*nature of witness evidence
*absent from NZ

44
Q

Sec.73 When is a co-defendant (associated) compellable to give evidence against a defendant?

A

*Tried separately from the defendant
*Proceeding against co-defendant has been determined

45
Q

Examples of privilege (communications with…)

A

*Legal advisors
*Religious ministers
*Self-incrimination
*Informers (CHIS)
*Solicitors’ trust accounts
*Info obtained by psychologists

46
Q

Sec.41 Propensity evidence offered by the defence of a defendant’s good character allows for what response from the prosecution?

A

Rebuttal evidence (with judge’s permission) - to prevent judge or jury forming the wrong impression about the defendant’s character

47
Q

Sec.44 (Propensity) Evidence of complainant’s sexual experience in sexual cases

A

Only allowed with permission of the judge

48
Q

Sec.45 Visual Identification
This section applies to any person? True or false?

A

False. This only applies to persons alleged to have committed and offence.

49
Q

Sec.46 Voice Identification.
The prosecution must prove this beyond reasonable doubt or on the balance of probabilities?

A

Balance of probabilities - i.e., that it is probably reliable (more probable than not)

CPK (10 decks)

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