Rules Of Evidence

Question 1

Define hearsay evidence

Answer 1

A statement that wasn’t relayed first hand

Question 2

What is opinion evidence

Answer 2

A personal opinion/no facts

Question 3

What is propensity evidence?

Answer 3

Assuming based on their history/past tendency for doing something

Question 4

Outline & explain the reliability of hearsay evidence

Answer 4

“CHANT”
Contents of the statement
How the statement was made
Accuracy of the observation 
Nature of the statement
Truthfulness of the maker of the statement

Question 5

When is a person unavailable as a witness?

Answer 5

“DUNCO”
Dead
Unfit due to age/physical/mental condition
Not compellable (eg a judge, juror, bank officer)
Cannot with reasonable diligence be identified or found
Outside of NZ

Question 6

Outline and explain the exception in S27 of hearsay evidence

Answer 6

S27 provides that all statements made by the defendant are admissible even if they are hearsay. It can be excluded if the defendants statement has been obtained as a result of oppressive behaviour by the interviewer.

Question 7

Outline and explain the exceptions to giving opinion evidence

Answer 7

Exceptions to the rule are if the opinion evidence is expert opinion - skilled by special study or experience in a particular field.

Question 8

What is VAWSEEPO

Answer 8

Victim.
Appreciation.
Witness.
Scene.
Exhibits.
Elements.
Power.
Offender.

Question 9

What is the TEDS method of communication?

Answer 9

Tell.
Explain.
Describe.
Show.

Question 10

Elaborate on “appreciation”

Answer 10

Decide the best outcome & course of action to take, what’s going to be safer..

Question 11

Elaborate on elements.

Answer 11

Making sure you can prove each element of the offence at the incident