Evidence 4 Flashcards
(10 cards)
Section 85 of the Evidence Act 2006 enables a judge to disallow, or direct that a witness in not obliged to answer, certain types of questions. List four of questions that may apply.
“when did you start hitting your wife?”
“When did you break into that car” Ect..
Improper, unfair misleading, needlessly, repetitive, or expressed in language that is too complicated for the witness to understand.
There is an unnatural tendency for people to agree with suggestions put to them by saying “Yes”, even if the suggestions do not precisely accord with their own view of what happened.
Counsel asking leading questions of their own witness can more easily elect their own answers which they wish to receive, thereby reducing the spontaneity and genuineness of the testimony.
There are danger that leading questions will result in the manipulation or construction of the evidence through collusion, conscious or otherwise, between counsel and the witness.
(a) Define the term “corroboration”.
(b) List two types of offence in which the unsupported evidence of one witness is insufficient to support a conviction.
(a)
It is independent evidence that tends to confirm or support some fact of which other evidence is given and implicates the defendant in the crime charged.
(b)
Perjury and related offences, and Treason.
While carrying out the duties as an officer in charge of witnesses for a jury trial, the parents of an 11 year old complainant question you as to the court procedure for the child when making an oath or affirmation. Discuss the advice you would provide to them.
Be informed by the judge of the importance of telling the truth and not telling lies.
After being given that information, make a promise to tell the truth before giving evidence.
In a proceeding, evidence may be given in a number of ways. List and describe two of these.
ordinary way - Either orally in the court room in the presence of the judge, or in affidavit filed in court or by reading a written statement in a court room.
Alternative way - by AVL from outside the court room, away from defendant.
In any other way - Provided for by the Evidence Act 2006 or any other relevant enactment.
A prosecution witness giving evidence at a jury trial suffers a loss of memory concerning the incident being tried.
Citing appropriate legislation, discuss whether or not the witness can be declared “Hostile”.
R v Vagaia
“Highlighted that there is no rule restricting a party from calling a witness who is known to be hostile to that party.”
A clear distinction must be drawn between unfavourable witnesses and hostile witnesses. Witnesses who simply fail to come up to brief may be unfavourable to the party calling them, but they are not necessarily hostile.
This indicates that the simple fact that a witness gives evidence inconsistent with another statement does not, by itself, justify finding the witness is hostile.
Section 8 of the Evidence Act 2006 provides that the judge must exclude evidence if is probative value is outweighed by the risk that the evidence will do one of two things. Name both.
Have an unfairly prejudicial effect on the proceeding.
Needlessly prolong the proceeding.
What did the court in R v Wanhalla (2007) suggest the jury be told in relation to reasonable doubt.
A reasonable doubt is an honest and reasonable uncertainty left in your mind about the guilt of the defendant after you have give careful and impartial consideration to all of the evidence.
A police constable who prepares a court case must consider what makes good evidence, including facts that prove the charge.
Explain the term “facts that prove the charge”
The facts must prove the elements of the charge, and the evidence should be made up of the facts that prove that charge. In each case, the actual charge and the elements of it should be borne in mind when deciding what evidence is relevant and what evidence will help prove the guilt of the person charged.
List four of the matters that the exclusive rules of evidence deal with.
Veracity Propensity Hearsay Opinion Identification Improperly obtained evidence
What are facts in issue?
The facts in issue are the facts which in law need to be proven to succeed with the case.
