Exclusive Rules

Question 1

Veracity

Answer 1

Disposition to refrain from lying

Question 2

Propensity

Answer 2

Tendency to act in particular ways

Question 3

Substantial Helpfulness

Answer 3

Higher threshold than relevance

Veracity evidence must be substantially helpful in assessing the veracity of a person

Question 4

When can prosecution give evidence about defendants veracity

Answer 4

Defendant offered evidence about his/her own veracity

Defendant challenged veracity of a prosecution witness by reference other than the facts in issue

Judge permits prosecution to do so

Question 5

Propensity rule

Answer 5

Tends to show 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 with
BUT
does not include 1 of the elements being trialed for or the cause of action in the proceeding in question

Question 6

Propensity evidence includes

Answer 6

Propenity as to actions
Propensity as to state of mind

Question 7

Propensity evidence offered by prosecution about defendant

Answer 7

Probation outweighs prejudicial effect

Judge will consider
Frequency
Connection in time
Similarity
Number of persons making allegations
Whether (d) is collusion or suggestability
Unusual acts, omissions circumstances

Fact finder

Question 8

Exclusive Rules

Answer 8

Propensity
Veracity
Opinion
Hearsay
ID
Improperly obtained

Question 9

Hearsay Statement Definition

Answer 9

Was made by a person other than a witness
Is offered in evidence at the proceeding to prove the truth of its contents

Question 10

Statement

Answer 10

Spoken or written assertion or non verbal conduct of a person that is intended by that person as an assertion of any matter

Question 11

General admissibility of hearsay

Answer 11

Circumstances relating to statement provide reasonable assurances thst statement is reliable

Maker of statement is unavailable
Judge considers that undue expense or delay would be caused of the maker of statement were required to be a witness

RELIABILITY AND UNAVAILABILITY

Question 12

Hearsay (Reliability)
Against Hearsay

Answer 12

No opportunity to cross examine
Judge cannot evaluate evidence properly without being able to see demeanor of a person
Danger witness will make MISTAKES about the meaning or contents of statement made by other people

Question 13

Circumstances

Answer 13

NATURE of statement
CONTENTS of statement
Circumstances of making statement
Circumstances that relate to VERACITY of the person
Circumstances that relate to THE ACCURACY of the observation of the person

Question 14

Hearsay (Unavailability)

Answer 14

Dead
Outside NZ
UNFIT because of age, mental or physical
Can’t be found
Not compellable

Question 15

Opinion

Answer 15

Tends to prove or disprove a fact

Question 16

Opinion Admissibility

Answer 16

Only way to effectively communicate info to fact finder
Personally perceived (saw, heard or otherwise perceived)

Question 17

Expert Opinion Evidence Admissibility

Answer 17

Be that of an expert
Comprise expert evidence
Offer substantial help to the fact finder in understanding othe evidence or ascertaining any fact in the proceeding