Evidence 5 Flashcards
(10 cards)
Define Witness.
This is a person who gives evidence and is able to be cross-examined in a proceeding.
Define - Hearsay statement
This is a statement that was made by a person other than a witness, and is offered in evidence in the proceeding to prove the truth of its contents.
DPP v Woolington - Presumption of innocence
This principle establishes that subject to the specific statutory exceptions, the burden of proof lies clearly with the prosecution in relation to all of the elements of the offence.
Define Presumption of fact, and give an example.
Presumptions of fact are those that the mind naturally and logically draws from the given facts. For example,one presumes that a person has guilty knowledge if they have possession of recently stolen goods.
What us the Judges role in a trial by jury?
Decide all questions concerning the admissibility of evidence.
Explain and enforce the general principles of law applying to the point at issue.
Instruct the jury on the rules of law by which the evidence is to be weighed once it has been submitted.
Describe “Balance of probabilities”
On the balance of probabilities, it must show that it is more probable than not. If the probabilities are equal, the burden is not discharged.
4 x Purpose of Evidential law. Section 6a-f
Providing for facts to be established by the application of logical rules.
Providing rules of evidence that recognise the importance of the rights affirmed by the NZ BOR Act 1990
Promoting fairness to parties and witnesses
Protecting rights of confidentiality and other important public interests
Avoiding unjustifiable expense and delay
Enhancing access to the law of evidence.
What does Propensity evidence include?
Propensity as to actions.
Propensity as to state of mind (Lack of inhibition, a love of violence).
Definition of Leading question
A leading question as one that directly or indirectly suggests a particular answer to the question.
Section 125(1) Does the Judge have to give warning where a child is a witness, if not, why not?
In a criminal proceeding tried with a jury in which the complainant is a child at the time when the proceeding commences, the judge must not give any warning to the jury about the absence of corroboration of the evidence of the complainant if the judge would not have given that kind of a warning had he complainant been an adult.
