Evidence 7

Question 1

Beyond reasonable doubt.

Answer 1

The courts have traditionally been reluctant to provide any detail or precise meaning of ‘Beyond reasonable doubt” the stance of the court of appeal being that “Reasonable doubt” means what it says.

Question 2

Miller v Minister of pensions - Balance of probabilities

Answer 2

Where the defence is required to prove a particular element such as insanity, on the balance of probabilities, it must simply show that it is more probable than not.

Question 3

Judicial notice

Answer 3

When a court takes judicial notice of a fact, it declares that it will find that the fact exist, or will direct the jury to do so even though evidence has not been established that the fact exist.

Question 4

Relevance (Materiality and Probativeness) The test of relevance can be broken down into two prongs:

Answer 4

Materiality asks whether the evidence in the case is offered on a matter or a fact at issue (of consequence to the determination of the proceeding)

Probativeness asks whether the evidence has a logical tendency to prove or disprove the material proposition on which it is offered.

Question 5

Fairness and the general - general exclusion provision

Answer 5

Evidence may be excluded if it would result in some unfair prejudice in the proceeding.

Evidence not prejudicial in itself in terms of the actual verdict may still be excluded where it has been obtained in circumstances that would make its admission against the accused unfair.

Question 6

In deciding whether to give permission

The prosecution in a criminal proceeding may offer evidence about a defendants veracity only if:

Answer 6

The defendant has offered evidence about his or her veracity or has challenged the veracity of a prosecution witness by reference other than the facts in issue, and

The Judge permits the prosecution to do so.

Question 7

In this section and sections 41 to 43, propensity evidence means:
Evidence that tends to show a persons propensity to act in a particular way or to have a particular state of mind, being evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved: But does not include evidence of an act or omission that is:

Answer 7

One of the elements of the offence for which the person is being tried or

The cause of action in the proceeding in question.

Question 8

Unavailable as a witness. Section 16(2). For the purposes of this subpart, a person is unavailable as a witness in a proceeding if the person:

Answer 8

Is dead
Is outside NZ and it is not reasonably practical for him or her to be a witness.
Is unfit to be a witness because of age or physical or mental condition
Cannot with reasonable diligence be identified or found
Is not compellable to give evidence

Question 9

General admissibility of opinions.

Answer 9

A witness may state an opinion in evidence in a proceeding if that opinion is necessary to enable the witness to communicate, or the fact finder to understand, what the witness saw, heard or otherwise perceived.

Question 10

Expert opinion evidence.

If the evidence is opinion evidence, then in order to comply with S25 the opinion must:

Answer 10

Be that of an expert.

Comprise expert evidence and

Offer substantial help to the fact finder in understanding other evidence or ascertaining and fact in the proceeding.