Evidence problem solving Flashcards

Question

What is finality of issues?

Answer 1

Answers to Q in xx re collateral issue (e.g. re credit), are final, can only ask Q, but not put more evi, except: PIS (s106 CEA (if s43 procedure re PIS followed), prev convictions (ss15A-16, ss353/54 (proof) QEA)

Answer 2

Can only ask questions about matters arising in XX, unless leave granted: s39 CEA, e.g. PCS to re-establish credit.

Answer 3

Assertion by W that A was or resembles (based on what W saw, heard or perceived using 5 sense) a person who as present at the office or an act connected to office)

Answer 4

1. Visual Identification Evidence, is not admissible unless ID parade has been held/not practical to hold one/or Acc refused: s114 CEA; (best form: Alexander) 2. Picture Identification Evidence, is not admissible if A in police custody unless refused ID parade or appearance changed b/w com’sion of offence and taken in custody: s115 CEA; (only in exception circum: Alexander)

Answer 5

Domincan warning/s116 CEA warning: Juries must be warned of the dangers of acting upon ID evidence.

Answer 6

Credibility evidence inadmissible unless exception applies: s101A, 102CEA

Answer 7

Credibility rule (CR) does not apply to evidence arising from answer in XX if evidence could substantively effect assessment of credibility of W: s103CEA. Crim: s104 (in addition to s103): Acc cannot be XX on credibility unless crt gives leave; leave should not be granted unless evidence by Acc that goes to Pros W untruthful and is relevant mainly to the W credibility, i.e. does not incl evidence re events subj of pros: But a. No leave for XX re bias, motive, recall or PIS. 4. Exception: rebutting denials by other evdence: CR does not apply to evidence relevant to W credibility & adduced by other evidence, if in XX substance of the inconsistent evidence (PIS) is put to W, and W denies or did not admit, and crt gives leave: s106 CEA 5. Exception: re-establishing credibility: CR does not apply to evidence in reX, or a PCS if, evidence of PIS admitted, or suggestion evidence fabricated, and leave granted for PCS: s108 CEA, s101 QEA

Answer 8

Crt may refuse ques as to credit if it would not materially impari confidence of the W evidence: s20 QEA. Re-establishing credibility: evidence allowed in reX, or a PCS if, evidence of PIS admitted, or suggestion evidence fabricated, and leave granted for PCS: s101 QEA

Answer 9

The hearsay, opinion, tendency and credibility rules do not apply to evidence to prove, or rebut Acc of good character, or (with leave s112 CEA) xx where raised by Acc: s110 [leave governed by s192 CEA = whenever crt grants leave, must consider the effect of the grant of leave on the case - leave can be given on the terms crt see fit]

Answer 10

Check: How is the statement/assertive conduct an admission? (how is it against interest?) Admissions/confessions are admissible as exception to HR: s81 CEA, BUT limited to fist hand hearsay: s82 CEA; QLD: Formal Admissions: Civil: by pleadings (rr165, 166,189 UCPR). Crim: eg. guilty plea; Informal Admissions: Confessions: direct and express oral or written admission of guilt by Acc (Doyle);]: BUT only if voluntary (McDermott)

Answer 11

Exclusion at law: s84 CEA: influenced by violent, inhumane or degrading conduct (all proceedings); or s85 CEA: reliability (crim proceedings): Exclusion by discretion: s90 CEA: fairness to Acc (crim proceedings); s130 QEA & CL fairness discretion, Swaffield; or s138 CEA: improperly or illegally obtained evidence (this sec also applies to real evidence flowing from admission)(crim only); aka public policy discretion Swaffield.

Answer 12

Is a type of circumstantial evidence which supports an inference that, because the person had the relevant tendency, it is more likely that he/she acted in the way asserted or had the state of mind asserted. Unlike coincidence evidence, no similarities in events are required: Hughes

Answer 13

Evidence of character, reputation or conduct, or tendency that a person has/had, is not admissible unless: s97(1) CEA 1. Tendency notice filed and served: s97(1)(a) CEA; 2. Evidence has significant probative value: s97(1) (b) CEA check with Hughes test; a. Evaluate extent to which evidence proves tendency; and b. Evaluate extent evi makes FII morel likely: i. Does not require similarity; ii. Consider time-gap b/w misconduct, unity b/w misconduct, specificity of the tendency. 3. (If in crim by Pros) Admissible if probative value substantially outweighs prejudicial effects: s101(2) CEA (consider if jury direction might mitigate prejudice)

Answer 14

Evidence that 2 or more events occurred to prove a person did a particular act, or had a state of mind, on the basis that having regard to the similarities in events/circumstances, it is improbable that the events occurred coincidentally: s98 CEA.

Answer 15

Coincidence evidence is not admissible unless: 1. Coincidence notice filed and served: s98(1)(a); 2. Evidence has significant probative value s98(1)b) [assessed by ref to similarity in events and/or circumstances; consider weakening factors eg passage of time, dissimilarity, collusion]; 3. (If in crim by Pros) Admissible if probative value substantially outweighs prejudicial effects: s101(2) (consider if jury direction might mitigate prejudice)