R V Baker
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R V Baker
''R v Baker'' 9891 NZLR 738 was a decision of the Court of Appeal of New Zealand concerning the admissibility of hearsay evidence in a criminal trial. The judgment of President Sir Robin Cooke's created a common law exception to the rule against hearsay evidence in situations where the evidence is reliable and the witness unavailable. This principle was incorporated into the codification of the hearsay rule in the Evidence Act 2006. Background Dean Baker had been accused of and committed to trial for the murder and rape of his wife who lived apart from him. Mrs. Baker had been shot through the forehead and found dead on the bedroom floor of her Napier flat. There was tape and cords on the bed and evidence that Mrs. Baker had had recent sexual intercourse. The accused had also been shot in the head. The accused's statement to police was that, "on the night before the shootings she had telephoned him and asked him to come round in the morning to shoot some stray cats. That a ...
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Court Of Appeal Of New Zealand
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconde ...
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New Zealand Police
The New Zealand Police ( mi, Ngā Pirihimana o Aotearoa) is the national police service and principal law enforcement agency of New Zealand, responsible for preventing crime, enhancing public safety, bringing offenders to justice, and maintaining public order. With about 13,000 personnel, it is the largest law enforcement agency in New Zealand and, with few exceptions, has primary jurisdiction over the majority of New Zealand criminal law. The New Zealand Police also has responsibility for traffic and commercial vehicle enforcement as well as other key responsibilities including protection of dignitaries, firearms licensing, and matters of national security. Policing in New Zealand was introduced in 1840, modelled on similar constabularies that existed in Britain at that time. The constabulary was initially part police and part militia. By the end of the 19th century policing by consent was the goal. The New Zealand Police has generally enjoyed a reputation for mild policin ...
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1989 In New Zealand Law
File:1989 Events Collage.png, From left, clockwise: The Cypress Street Viaduct, Cypress structure collapses as a result of the 1989 Loma Prieta earthquake, killing motorists below; The proposal document for the World Wide Web is submitted; The Exxon Valdez oil tanker runs aground in Prince William Sound, Alaska, causing a large Exxon Valdez oil spill, oil spill; The Fall of the Berlin Wall begins the downfall of Communism in Eastern Europe, and heralds German reunification; The United States United States invasion of Panama, invades Panama to depose Manuel Noriega; The Singing Revolution led to the independence of the Baltic states of Estonia, Latvia, and Lithuania from the Soviet Union; The stands of Hillsborough Stadium in Sheffield, Yorkshire, where the Hillsborough disaster occurred; 1989 Tiananmen Square protests and massacre, Students demonstrate in Tiananmen Square, Beijing; many are killed by forces of the Chinese Communist Party., 300x300px, thumb rect 0 0 200 200 1989 Loma ...
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Evidence Case Law
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidence is what justifies beliefs or what makes it rational to hold a certain doxastic attitude. For example, a perceptual experience of a tree may act as evidence that justifies the belief that there is a tree. In this role, evidence is usually understood as a private mental state. Important topics in this field include the questions of what the nature of these mental states is, for example, whether they have to be propositional, and whether misleading mental states can still qualify as evidence. In phenomenology, evidence is understood in a similar sense. Here, however, it is limited to intuitive knowledge that provides immediate access to truth and is therefore indubitable. In this role, it is supposed to provide ultimate justifications for b ...
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Code
In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communication channel or storage in a storage medium. An early example is an invention of language, which enabled a person, through speech, to communicate what they thought, saw, heard, or felt to others. But speech limits the range of communication to the distance a voice can carry and limits the audience to those present when the speech is uttered. The invention of writing, which converted spoken language into visual symbols, extended the range of communication across space and time. The process of encoding converts information from a source into symbols for communication or storage. Decoding is the reverse process, converting code symbols back into a form that the recipient understands, such as English or/and Spanish. One reason for coding is to ...
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New Zealand Law Commission
New Zealand's Law Commission was established in 1986 by the Law Commission Act 1985. The Commission is an independent Crown entity as defined in the Crown Entities Act 2004. The main objective of the Law Commission, as declared in its founding legislation, is to monitor and Critical thinking, critically analyse the laws of New Zealand with a view to identifying—and proposing solutions to—their possible shortcomings. The Law Commission reviews, reforms and develops New Zealand law. It then makes recommendations to Government to improve the law. It also advises its Responsible Minister and government agencies on how to make the law more accessible and easier to understand. The Commission has a commitment to consult the public on areas of law that it reviews. It promotes discussion and consultation by publishing Issues Papers. It invites submissions from the public before it makes recommendations to the Responsible Minister. It publishes these recommendations in a report to Par ...
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Victoria University Of Wellington
Victoria University of Wellington ( mi, Te Herenga Waka) is a university in Wellington, New Zealand. It was established in 1897 by Act of Parliament, and was a constituent college of the University of New Zealand. The university is well known for its programmes in law, the humanities, and some scientific disciplines, and offers a broad range of other courses. Entry to all courses at first year is open, and entry to second year in some programmes (e.g. law, criminology, creative writing, architecture, engineering) is restricted. Victoria had the highest average research grade in the New Zealand Government's Performance Based Research Fund exercise in both 2012 and 2018, having been ranked 4th in 2006 and 3rd in 2003.
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Cross On Evidence
''Cross on Evidence'' is an authoritative textbook on the law of evidence (law), evidence in Law of Australia, Australia. History The title refers to Sir Rupert Cross, who originally wrote the textbook in the United Kingdom in 1958. A number of editions were published including versions adapted to the law of Australia and New Zealand. The following editions are held in the National Library of Australia.NLA Catalogue
(search: title:"cross on evidence" OR (author:rupert AND author:cross) AND (title:evidence AND -title:outline)).


See also

* Evidence (law) * Criminal law of Australia * English criminal law


References < ...
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Unanimous Decision
A unanimous decision (UD) is a winning criterion in several full-contact combat sports, such as boxing, kickboxing, Muay Thai, mixed martial arts and other sports involving striking and submission in which all three judges agree on which fighter won the match. In boxing, each of the three judges keep score (round by round) of which fighter they feel is winning (and losing). This only includes landed blows to the head or the body. In MMA, judges look for different criteria such as kicks, take downs, punches, knees, elbows, cage control, submission attempts and aggression. A decision is not required to be unanimous for a boxer or mixed martial artist to be given a victory. In modern era of Olympic boxing, UD is utilized more often than other outcomes including stoppages. Unanimous decision should not be confused with a majority decision or split decision. History In the early days of combat fighting, winners were determined only when one party was unable to continue the fight. ...
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Hearsay In English Law
The hearsay provisions of the Criminal Justice Act 2003 reformed the common law relating to the admissibility of hearsay evidence in criminal proceedings begun on or after 4 April 2005. Section 114 of the Criminal Justice Act 2003 defines hearsay evidence as a statement not made in oral evidence in criminal proceedings and admissible as evidence of any matter stated but only if certain conditions are met, specifically where: * It is in the interests of justice to admit it (see section 114(1)(d)) * The witness cannot attend (see section 116) * The evidence is in a document (see section 117) * The evidence is multiple hearsay (see section 121) The meaning of "statements" and "matter stated" is explained in section 115 of the 2003 Act. "Oral evidence" is defined in section 134(1) of that Act. History of the rule The rules of hearsay began to form properly in the late seventeenth century and had become fully established by the early nineteenth century. The issues were analysed i ...
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Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ...
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Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a Criminal law, criminal jury trial, trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been Admission to the bar, admitted to the bar, or obtained a comparable qualification where available - such as Solicitor advocate, solicitor advocates in English law, England and Wales. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employe ...
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