C8 - Evidence

Question 1

What is evidence?

Answer 1

the whole body of material which a court or tribunal may take into account in reaching their decision.

Evidence may be in oral, written or visual form

Question 2

The rules of evidence

Answer 2

What and how evidence is presented in court.
It falls into three maim categories
-How evidence may be given
-who give evidence: and
-What type of material may be given in evidence

Question 3

When will propensity evidence about a defendant be admissible? (Defendant not giving evidence)
- Where the evidence has…

Answer 3

Where the evidence has a probative value that outweighs any unfairly prejudicial effect on the defendant.

Question 4

Relation to oaths and affirmations
Witnesses who are 12 years of age or older?
Witnesses under the age of 12?

Answer 4

Witnesses 12 and over must take an oath or affirmation

Under 12 - Judge must tell them importance of telling truth and not telling lies..

Must make a promise to tell the truth, before giving evidence

Judge can grant permission a witness of any age may give evidence without giving oath, affirmation or making a promise.
If permission given he must tell the witness of importance of telling the truth and not telling lies

Question 5

What is the prosecutions burden of proof?

Answer 5

Beyond reasonable doubt.

Question 6

Who is the fact finder?

Answer 6

Judge or jury.

Question 7

What is the sec8 Criminal Disclosure Act 2008 definition of the meaning of “relevant”?

Answer 7

information or an exhibit, that tends to support or rebut, or has a material bearing on, the case against the defendant.

Question 8

What are the alternate ways that a witness or complainant can give evidence?

Answer 8

While in the court room but unable to see the defendant or some other specified person (screens)

From a place outside the courtroom, either in New Zealand or elsewhere.

By a video record made before the hearing of the proceeding

Question 9

Admissible evidence:

Answer 9

Evidence is admissible if it is legally able to be
received by a court.

Question 10

Fact-finder:

Answer 10

The Judge (in a Judge-alone trial) or jury (in a jury trial).
Sometimes called “the trier of fact”, the fact-finder is the party who must
determine what really happened, and therefore whether the defendant is
guilty.

Question 11

Relevance:

Answer 11

Evidence is relevant “if it has a tendency to prove or disprove
anything that is of consequence to the determination of a proceeding” (s7(3)
Evidence Act 2006).

Question 12

Facts in issue:

Answer 12

Facts in issue are those which the prosecution must prove to
establish the elements of the offence; or those which the defendant must
prove to succeed with a defence in respect of which he or she carries the
burden of proof.

Question 13

Weight of evidence:

Answer 13

he “weight” of evidence is its value in relation to the
facts in issue. This will depend upon a wide range of factors, such as the
extent to which it is directly relevant to or conclusive of those facts; the
extent to which it is supported or contradicted by other evidence produced;
and the veracity (truthfulness) of the witness. The “weight” of evidence
determines its probative value.

Question 14

Proceeding:

Answer 14

A proceeding conducted by a court, including any interlocutory
or other application to a court connected with the main trial.

Question 15

Prejudicial:

Answer 15

Evidence adverse to a party’s case; the drawing of an inference
against a party. Note that the exclusion rule in s8 Evidence Act 2006 relates
to unfair prejudice. This could include, for example, the danger that the jury
may give more weight to evidence than it deserves, speculate inappropriately
about the meaning or significance of evidence, be misled by the evidence,
and/or use the evidence for an illegitimate purpose.

Question 16

Probative Value:

Answer 16

Probative value is determined by how strongly evidence
points to the inference it is said to support and its importance to the issues in
the trial. Probative value of evidence is how strongly and centrally the
evidence assists in proving or disproving issues in a case.

Question 17

“Offer evidence”:

Answer 17

A party “offers” evidence. This includes calling a witness
who “gives evidence”. A party who testifies both gives and offers evidence.
It also includes eliciting evidence by cross-examining a witness called by
another party (merely putting a proposition to a witness is not offering
evidence; it becomes so when the witness adopts the

Question 18

Incriminate:

Answer 18

To incriminate is to provide information that is reasonably
likely to lead to, or increase the likelihood of, the prosecution of a person for
a criminal offence.

Question 19

Statement

Answer 19

: A statement is a spoken or written assertion by a person, or non-
verbal conduct of a person intended by that person as an assertion of any matter.

Question 20

Hearsay statement:

Answer 20

A hearsay statement is a statement that was made by a
person other than a witness and is offered in evidence in the proceeding to
prove the truth of its contents. This definition of “hearsay statement” means
that out-of-court statements made by a witness are not excluded by the
hearsay rule because the person who made the statement is available to be
cross-examined on it.
Also, a statement offered for some other purpose than to prove the truth of
its contents, eg to show that the statement was made or uttered, or to explain
why the witness thought the person was inebriated, is not a hearsay
statement.

Question 21

Propensity:

Answer 21

Propensity is a person’s tendency to act in a particular way or
have a particular state of mind. “Propensity evidence” is evidence that
supports a party’s claim about that person’s tendency.

Question 22

Veracity:

Answer 22

Veracity is the disposition of a person to refrain from lying.
“Veracity evidence” is evidence that tends to prove that the witness is an
honest (or dishonest) person.

Question 23

Section 41 of the evidence act 2006 - ability to offer evidence of good propensity.
What does this allow the defendant to do?

Answer 23

Allows defendants to offer evidence about themselves perhaps for tactical reasons

Defendant offers propensity evidence that he has a criminal history as a burglar and was on the property to steal rather than a rape.
Defendant offers evidence of a neutral propensity e.g. evidence that the defendant does something regularly that may offer an alibi (gym @ 7pm every night)

Question 24

Under section 18 of the Evidence Act 2006 What is the general admissibility of hearsay?

Answer 24

Hearsay statement are admissible in any proceeding if

The circumstances provide reasonable reassurance that the statement is reliable and
the maker of the statement is unavailable as a witness or
the judge considers the undue expense or delay would be caused if the maker of the statement were required to be a witness

Question 25

What is the standard of proof?

Answer 25

* the rationale for the burden of proof, namely the presumption of innocence; * the fact that it is not enough for the Crown to convince the fact-finder of probable guilt; and * the description of what a reasonable doubt is.

Question 26

Sections 15 to 18 of Criminal Disclosure Act 2008 allow for withholding of information at all stages (initial, full and additional disclosure), if:

Question 27

Admissibility of voice identification evidence… Inadmissible unless..