Chapter 8: Evidence Flashcards Preview

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Flashcards in Chapter 8: Evidence Deck (8)
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When must full disclosure be made

As soon as reasonably practical
Pleaded not guilty
First appearance in a youth court


If a violent offender requests full disclosure must it be given?

No. Not in a case where it is likely to endanger the safety of any person


Is a Defendant compellable to give evidence?

No, but they are eligible


Explain propensity evidence
Section 41 Evidence Act 2006

Incorporates the ability to offer evidence of a good propensity.
It allows Defendant to offer evidence of disruptable conduct
The Defendant opens the door to rebutting evidence by prosecutor



A statement made by a person other than the witness and is offered as evidence at the proceeding to prove the truth of its contents


Are Hearsay statements admissable

No, except where there is provision for admissibility in the evidence act 2006 or any other act.


What are the main exceptions to Hearsay rule?

Unavailability or undue expense or delay


Are business records admissible?

Yes, where no useful purpose would be served by summoning or requiring the person to be a witness.