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Flashcards in 8 Evidence Deck (23)
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1

Ways of giving evidence?

Ordinary way

Alternative way

In any other way

2

6 objectives of s6 Evidence Act 2006?

Providing for facts to be established

Providing rules of evidence

Promoting fairness

Protecting rights of confidentiality and public interest

Avoiding unjustifiable expense and delay

Enhancing access to the law of evidence

3

What evidence is not admissible?

(Fundamental principle that relevant evidence is admissible)

Inadmissible under any act

Excluded under any act

Not relevant

*evidence is relevant if it has a tendency to prove or disprove anything of consequence

4

When must a judge exclude evidence?
S8 General Exclusion

Have an unfairly prejudicial effect on the proceeding

Needlessly prolong the proceeding

5

S8 Test?

Probative value VS Predjudicial effect

If probative value outweighs Predjudicial risk that evidence may be admitted

6

Woolmington Principle?

The burden of proof lies with the prosecution in relation to all elements of the offence

7

What is reasonable doubt?

A very high standard of proof met only if the jury is sure the defendant is guilty

8

Balance of probabilities?

Is more probable than not

9

Who must make oaths or affirmations?

Witnesses who are 12 years of age or older

Under 12 must be informed by the judge of the importance of telling the truth and must make a promise to tell the truth

10

What should be done if a witness refreshes their memory prior to trial?

Defence should be made aware and a copy of the statement used made available

11

4 steps of disclosure?

Initial disclosure

Full disclosure

Defence disclosure

3rd party disclosure

12

When must full disclosure be made?

As soon as reasonably practicable after a defendant has:

Pleaded not guilty

If a child or YP makes a first appearance

13

Reasons for giving evidence in an alternative way?

Age or maturity

Impairment of the witness

The trauma suffered

Fear of intimidation

Linguistic or cultural background

Nature of the proceeding

Nature of the evidence the witness will give

Relationship of the witness to any party

Absence from NZ

14

Eligibility of self defended

Do not need judicial permission to testify

15

An associated defendant is not compellable to give evidence unless?

Being tried separately from the defendant
or
The proceeding against them has been determined

16

Meaning of associated defendant?

A person against who a prosecution has been instituted for:
An offence that arose in relation to the same events for which the defendant is prosecuted

An offence that relates to the offence for which the defendant is prosecuted

17

S73 Evidence Act 2006

A defendant facing a criminal trial is an eligible but not compellable witness for the prosecution or defence

18

A party may offer propensity evidence about any person subject to what restrictions?

About a defendant offered in accordance with s41, 42 or 43

About a complainants sexual experience offered in accordance with s44

19

S41(2) Propensity

By offering evidence of his or her propensity to act in a good fashion the defendant opens the door to rebutting evidence

20

S43 Propensity

Propensity evidence about a defendant will only be admissible where it has a probative value in relation to an issue in the proceeding which outweighs the risk that it may have an unfairly prejudicial effect

21

What is hearsay?

A statement that was made by a person other than a witness and is offered in evidence to prove the truth of its contents

22

When is hearsay admissible?

Circumstances relating to the statement provide reasonable assurance that the statement is reliable; and either

The maker is unavailable

Undue expense or delay would be caused if the maker were required

23

Reasons for unavailability?

Dead

Outside NZ

Unfit to be a witness

Cannot be identified or found

Is not compellable