Evidence 6 Flashcards
(10 cards)
Why is opinion evidence unreliable?
Where a witness offers bare opinion it holds little probative weight.
There is a danger that a witness offering opinion evidence will “usurp” the function of the tribunal of fact. The opinion evidence could confuse the tribunal of fact and prolong proceedings.
A witness’s evidence of opinion may be based on other evidence which, if expressed, would be inadmissible.
Describe Privilege and give two examples.
A privilege in relation to the giving of evidence is the right to refuse to disclose or to prevent disclosure of what would otherwise be admissible.
Communications with legal advisors Solicitors trust accounts Settlement negotiations or mediation Informer privilege Privilege against self incrimination
What is the purpose of cross-examination?
To elicit information supporting the case of the party conducting the cross-examination.
To challenge the accuracy of the testimony given in evidence in chief.
4 points to rebuttal evidence?
Relates to purely formal matter
Relates to a matter arising out of conduct of the defence, the relevance of which could not reasonably have been foreseen.
Was not available or admissible before the prosecution’s case was closed.
Is required to be admitted in the interest of justice for any other reason.
List 4 points under Sec 37(3) for what matters a judge should consider when deciding whether veracity evidence can be offered.
Lack of veracity on the part of the person when under a legal obligation to tell the truth.
that the person has been convicted of 1 or more offences that indicate a propensity for dishonesty or lack or veracity.
Any previous inconsistent statement.
Bias on the part of the person.
A motive on the part of the person to be untruthful.
What is the rationale behind the general exclusionary rule of opinion evidence, whereby opinion evidence is not admissible, except S.24 and S.25.
The rational of the exclusionary rule is essentially to prevent the admission of unreliable, superfluous or misleading evidence.
Before a person is served with a summons to appear in court, verification must be made as to..
Whether they are allowed to give evidence.
Whether they are required to give evidence.
Whether they can refuse to give evidence, and
What type of witness they will be.
Definition of relevance.
Evidence is relevant if it has a tenancy to prove or disprove anything that is of consequence to the determination of a proceeding.
Definition of propensity.
Propensity evidence is evidence about a persons propensity to act in a particular way or have a particular state of mind and includes evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved.
Direct evidence.
This is any evidence given by a witness as to the fact in issue that he or she has seen, heard or otherwise experienced.
