New Zealand Law/Criminal/Evidence

Evidence (Testimony)

Veracity

General rule: no person may offer evidence about anyone's veracity unless it is substantially helpful.

Propensity Evidence

Normal rule: A person may offer propensity evidence about any person except the defendant and a complainant in a sex case.

Questioning of Witnesses

Disallowing a question

A judge may disallow a question, or direct a witness not to answer, if the judge considers the question:

(a) improper

(b) unfair

(c) misleading

(d) needlessly repetitive; or

(e) in language that is too complicated.

Definitions

Hearsay Statement

• A statement made by a person other than a witness offered in evidence to prove the truth of the statement. (Hearsay evidence is not normally admissible.)

Opinion Statement

• A statement, offered in evidence, that tends to prove or disprove a fact. Opinion statements are not usually admissible.

Associated defendant

• A person against whom proceedings instituted for:

(a) an offence in relation to the same events; or

(b) a connected offence.

Veracity

The disposition to refrain from lying.

Propensity Evidence

• Evidence that tends to show a person's tendency to act in a particular way or have a particular state of mind.

Minister of Religion

A Minister of Religion is a person who has status in a church, or religious or spiritual community to:

(a) receive confidential communications; and

(b) respond with religious or spiritual advice, benefit or comfort.

View

• Inspection of a place or thing outside the courtroom.