Rules of Evidence

Question 1

The exclusive rules of evidence deal with what?

Answer 1

• Veracity
• Propensity
• Hearsay
• Opinion
• ID
• Improperly obtained evidence

Question 2

The Evidence Act divides what was called “character” evidence at common law into 2 classes of what evidence?

Answer 2

Veracity - a disposition to refrain from lying

Propensity - a tendency to act in a particular way

Question 3

When does veracity not apply to evidence?

Answer 3

The rules do not apply to evidence about a persons veracity if the veracity is an element of the offence for which a person is being tried e.g. prosecution for perjury

Question 4

When does veracity and propensity rules apply to bail or sentencing hearings?

Answer 4

When the evidence is covered by Section 44 (where it relates directly or indirectly to the sexual experience of the complainant with any person other than the defendant)

Question 5

Section 37 (1) Veracity Rules

Answer 5

A party may not offer evidence in a civil or criminal proceeding about a person’s veracity unless the evidence is substantially helpful in assessing that person’s veracity

Question 6

What may the Judge consider when deciding whether or not evidence proposed about the persons veracity is helpful?

Answer 6

a) Lack of veracity of the person when under a legal obligation to tell the truth

b) that the person has been convicted of 1 or more offences that indicate a propensity for dishonesty

c) any previous inconsistent statements

d) bias

e) a motive to be untruthful

Question 7

When can a party who calls a witness offer evidence to challenge their veracity?

Answer 7

If the Judge determines the witness is hostile

Question 8

What does veracity mean?

Answer 8

The disposition of a person to refrain from lying.

Question 9

In general, when is veracity evidence admissible?

Answer 9

It must be substantially helpful in assessing the veracity of the person.

It has to do more than simply have a tendency to prove or disprove a matter.

Question 10

When can you ask a witness if they have been convicted of an offence?

Answer 10

To be admissible such questions must be substantially helpful in assessing the persons veracity.

Question 11

Substantial helpfulness is not a sufficient test in two instances:

Answer 11

• Where the prosecution wish to offer evidence about a defendants veracity (S38)
• Where a defendant offers veracity evidence about a co-defendant (S39)

Question 12

Section 38(2) The prosecution in a criminal proceeding may offer evidence about a defendants veracity only if:

Answer 12

a) the defendant has offered evidence about his veracity or has challenged the veracity of a prosecution witness and

b) the judge permits the prosecution to do so

Question 13

In determining whether to give permission under subsection 2(b), the judge may take into account any of the following matters:

Answer 13

a) the extent to which the defendants veracity or veracity of witness has been put in issue

b) the time that has elapsed since any conviction about which the prosecution seeks to give evidence

c) whether any evidence given by the defendant about veracity was elicited by the prosecution

Question 14

In order to be able to offer evidence of a defendants veracity:

Answer 14

• The prosecution must show that veracity is relevant
• The defendant has offered evidence about his veracity
• The proposed evidence must meet the substantial helpfulness test
• The Prosecution must get permission from the Judge