Elements Of Evidence

Question 1

Six objectives

Answer 1

Providing for facts to be established by the application logical rules
Providing rules of evidence that recognise the importance of the rights affirmed by NZBOR Act 1990
Promoting fairness to parties and witnesses
Protecting rights of confidentiality and other important public interest
Avoiding unjustifiable expenses and delay
Enhancing access to the law of evidence

Question 2

Facts in issue

Answer 2

Facts in issue are the facts which in law need to be proven or succeed with the case

Question 3

Exceptions to general rule

Answer 3

Judicial notice is to be taken
The facts are formally admitted

Question 4

Judicial Notice
128 Notice of uncontroverted facts

Answer 4

Judge or jury will take notice of facts so known and accepted generally or in locality in which the proceeding is being held that they cannot reasonably be questioned
Judge may take notice of facts capable of accurate and ready determination by reference to sources whose accuracy cannot reasonably be questioned and, if the proceedings involve a jury, may direct the jury in relation to this matter

Question 5

Presumptions

Answer 5

Where no direct evidence is offered or is obtainable, disputed facts are sometimes inferred from other facts which are themselves proved or known . The inference is the presumption

Presumption may be of law or of fact

Question 6

Presumption of law

Answer 6

Inferences that have been expressely drawn by law from particular facts.

Conclusive or rebuttable

Conclusive and irrebuttable presumption would be that a child under 10 years of age is unable to be convicted

Rebuttable presumption would be all defendants are innocent until proven guilty

Question 7

Presumption of fact

Answer 7

Presumption of facts are those that the mind naturally and logically draws from given facts.

E.g guilty knowledge if they have possession of recently stolen goods

Logical inferences and are always rebuttable

Question 8

Determining Admissability

Answer 8

Relevance
Reliability
Unfairness

Question 9

Fairness and the general exclusion

Answer 9

Result in some unfair prejudice in the proceeding
Not prejudice in itself in terms of actual verdict may still be excluded where it is obtained in circumstances that would make its admission against the defendant unfair.

Question 10

General exclusion provision

Answer 10

Probative value is outweighed by the risk that the evidence will
- unfairly prejudicial
- needlessly prolong the proceeding