Evidence 9 Flashcards
(10 cards)
M/C.
The general rule in relation to establishing facts?
All facts in issue are facts relevant to the issue must be proved by evidence.
Purpose of Act to help secure the just determination of proceeding by:
Providing the 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.
Protecting the rights of confidentiality and other important public interest.
Avoiding unjustifiable expense and delay.
Enhancing access to the law of evidence.
A previous statement of a witness that is consistent with the witnesses evidence is admissible to the extent that the statement is necessary to respond to a challenge to the witnesses veracity or accuracy, based on a previous inconsistent statement of the witness or on a claim of recent invention on the part of the witness.
A previous statement of a witness that is consistent with the witnesses evidence is admissible if:
The circumstances relating to the statement provide reasonable assurances that the statement is reliable.
The statement provides the court with information that the witness is unable to recall.
Section 25(1) prohibits:
The judge from giving warnings about the absence of corroboration where a warning would not have been given in the case of an adult complainant.
Any direction or a comment that there is a need to scrutinise children’s evidence with special care, or that children generally have a tenancy to invent or distort.
Sec 122(2) Judge must consider whether to give a warning whenever the following evidence is given:
Hearsay evidence
Evidence of a statement by the defendant, if that evidence is the only evidence implicating the defendant
Evidence of a statement by the defendant to another person made while both the defendant and other person were detained in prison, a police station or another place of detention. (Jail house confession)
Evidence given by a witness who may have a motive to give false evidence that is prejudicial to a defendant.
Sec 7(1) All relevant evidence is admissible in a proceeding except evidence that is:
Inadmissible under this Act or any other Act, or
Excluded under this Act or any other Act.
The difference between a hostile and unfavourable witness. Sec 4 EA 2006
Clear distinction between unfavourable and hostile witnesses. Witness who suffers memory loss or provides evidence inconsistent with another statement, does not by itself justify finding the witness as hostile. Hostile witness defined sec 4 EA 06
For questions on veracity judge must take into account:
The extent to which the defendants veracity or the veracity of a prosecution witness has been put in issue in the defendants evidence.
The time that has lapsed since any conviction about which the prosecution seeks to give evidence.
Whether any evidence given by the defendant about veracity was elicited by the prosecution.
Sec 16(1) business record mean document that is made:
To comply with a duty or in the course of a business and as a record or part of a record of that business.
From information supplied directly or indirectly by a person who had or may reasonable be supposed by the court to have had knowledge of the matters dealt with the information he or she supplied.
Sec 59(1)(b) Privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologist.
Sec 59(1)(b) privilege does not apply in case of a person who has been required by an order of a judge or other lawful authority to submit him/her self to the medical practitioner or clinical psychologist for examination, test, or for any other purpose.
