Introduction To The Rules Of Evidence

Question 0

When is hearsay evidence admissible?

Answer 0

(CHANT)

• Contents of the statement
• How the statement was taken
• Accuracy of the statement
• Nature of the statement
• Truthfulness of the maker of the statement

Question 1

What is hearsay evidence?

Answer 1

It is the oral or written statement of a person who is not produced as a witness in court.

Question 2

When is a person unavailable as a witness?

Answer 2

A person is unvailable as a witness if: (DUNCO)

D - Dead
U - Unfit due to age/physical/mental condition
N - Not compellable (This means: - the soverign - a judge, if they are the judge in the proceedings - juror, counsel, not eligible in that proceeding except with permission of the judge - a bank officer, for the purpose of producing banking records - a defendant against him/herself - a defendant against a co-defendant (unless they are being tried separately or where the matter is still before the court).
C - Cannot with reasonable diligence be identifed or found
O - Outside NZ and it is not reasonably practical to be a witness.

Question 3

What is opinion evidence?

Answer 3

It is inference from observed facts. Eg I think Sarah is 28

Question 4

What are four examples of opinion evidence?

Answer 4

• Identification
• Handwriting
• Mental or physical condition
• Age

Question 5

What is propensity evidence?

Answer 5

It is evidence about past behaviour of a person.

Eg. Tom has been caught drink driving two times so must of done it again.