Multi-Choice Flashcards
(24 cards)
Where the onus falls on the defence to prove a particular elements, the standard of proof required is?
On the balance of Probabilities
Circumstantial evidence can be defined as?
A fact that by inference can prove fact in issue
Once the judge has granted an application to treat a witness as hostile, that witness may be:
Asked leading questions,
Asked questions as to prior inconsistent statements,
Tested on such matters as the accuracy of his / her memory and perception
What is the meaning of veracity?
A disposition to refrain from lying
The general purpose of the examination in chief is to?
Elicit testimony that supports the case of the party calling that witness
Before giving evidence in court,witnesses may refresh their memory from?
Their original statement and their deposition
Which of these statements is correct regarding the eligibility and comparability of a witness in a proceeding?
Any witness/person who is eligible to give evidence is compellable
A person is unavailable as a witness when
The person is overseas and can’t be contacted
A presumption of law?
May be rebuttable or irrebuttable
When giving evidence in Court, you should address the judge as
Your honour or Sir/Ma’am
The Court has a discretion to include propensity evidence against a defendant if
The probative value of the evidence outweighs its prejudicial effect
In relation to privilege of medical practitioners, ‘protected communication’ refers to communication made by the patient to the doctor for him/her to examine, treat or act for the patient
- Who is suffering from a drug dependancy,
- Who has any other condition or behaviour that manifests itself in criminal conduct
A witness is deemed to be hostile when:
Refuses to answer questions or deliberately withholds evidence
It is not necessary in Court to prove ‘uncontroverted facts’ These are admitted as:
Judicial Notice
S25 of the Evidence Act 2006 governs the admissibility of expert evidence. If the evidence lead is opinion evidence, then in order to comply with S25 the opinion must:
- Be that of an expert
- Comprise expert evidence
- Offer substantial help to the fact finder in understanding other evidence of ascertaining any fact in the proceeding
The Court has the discretion to include propensity evidence against a Defendant if:
The probative value of the evidence outweighs it prejudicial effect
Circumstantial evidence has been defined as:
A fact that by inference can prove another fact in issue
A person is unavailable as a witness when:
The person is overseas and can’t be contacted
Before giving evidence in Court, witnesses may refresh their memory from:
Their original statements and their deposition
A presumption of fact is
Alway rebuttable
The general purpose of examination in chief is to:
Elicit testimony that supports the case of the party calling the witness
What is the general rule in relation to establishing facts?
All facts in issue and facts relevant to the issue must be proved by evidence
It is not necessary in Court to prove facts such as “the season of summer in NZ is over the period Dec-Feb” These facts are admitted as:
Judicial Notice
A witness is eligible to give evidence if:
They are lawfully able to give evidence on behalf of both prosecution and defence
