009 Flashcards
Def Circumstantial Evidence:
A fact that by inference can prove another fact in issue (This is evidence of circumstances that do not directly prove any fact in issue, but which allow inferences about the existence of those facts to be drawn (e.g. the defendant was seen in the vicinity of the scene of the crime).
Def Veracity
A disposition to refrain from lying
Def Voir Dire:
Is – a hearing where evidence is given by a witness to prove the facts necessary for deciding whether some other evidence should be admitted in a proceeding. It is conducted without a jury being present.
Def Witness
This is a person who gives evidence and is able to be cross-examined in a proceeding. This includes a person who is actively engaged in the process of giving evidence, and may also include a person who has previously given evidence in the proceeding. For a limited number of provisions in the Evidence Act 2006
Def Facts in issue
Are those which the prosecution must prove in order to establish the elements of the offence or those which the defendant must prove in order to succeed with a defence in respect of which he or she carries the burden of proof.
Def Standard of Proof required- defence :
On the balance of probabilities.
Def Admissible Evidence
Evidence is admissible if it is legally able to be received by a court
Def Hearsay Evidence
statement that (a) made by a person other than a witness; and (b) is offered in evidence at the proceeding to prove the truth of its contents”
Def Statement
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
Def Leading question
A leading question is one the directly or indirectly suggests a particular answer to the question. (Examples) Identification / Assisting memory / Contradiction / Hostile witnesses.
Def Expert
“A person who has specialised knowledge or skill, based on training, study or experience”. MC
Def Incriminate
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.
Def Associated defendant
means a person against whom a prosecution has been instituted for—an offence that arose in relation to the “same events” as the defendant is being prosecuted; or
an offence that relates to, or is connected with, the offence for which the defendant is being prosecuted
Def Enforcement Agency
This refers to the New Zealand Police or any body or organisation that has a statutory responsibility for the enforcement of an enactment, including the New Zealand Customs Service, the Ministry of Fisheries and the Inland Revenue Department.
Def Informer
The section defines an “informer” as someone who has supplied, gratuitously or for reward, information to an enforcement agency, or to a representative of an enforcement agency, concerning the possible or actual commission of an offence in circumstances in which the person has a reasonable expectation that his or her identity will not be disclosed (s64(2)). An informer may be a member of the police working undercover (s64(3)).
Def Relevance
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)of the Evidence Act 2006).
Def Exclusion Rules
These are rules that exclude evidence (usually because it is unreliable, unduly prejudicial or otherwise unfair to admit it).
Def Exclusion rule deals with
• Veracity • Propensity • Hearsay • Opinion • Identification • Improperly obtained evidence
Def Weight of Evidence
The “weight” of evidence is its value in relation to the facts in issue. The value will depend on a wide range of factors, such as:
• the extent to which, if accepted, it is directly relevant to or conclusive of, those facts
- the extent to which it is supported or contradicted by other evidence produced
- the veracity of the witness.
The “weight” is the degree of probative force that can be accorded to the evidence.
Def Offer Evidence
Evidence must be elicited before it is “offered”: Merely putting a proposition to a witness is not offering evidence; it becomes so when the witness accepts the proposition – s96(1) of the Evidence Act 2006. Offering evidence in the Evidence Act 2006 includes eliciting evidence by cross-examination of a witness called by another party.
Def Proceeding
This means a proceeding conducted by a court, and any application to a court connected with a proceeding.
Def Preparatory materials for proceedings
The privilege applies to a communication or information made, received, compiled, or prepared for the primary purpose of preparing for a proceeding or an apprehended proceeding.
Def Opinion
A statement of opinion that tends to prove or disprove a fact – Rule: A statement of an opinion is not admissible in a proceeding, except as provided by section 24 or 25.
Def Rational behind Opinion Rule
• Bare - Where a witness offers a Bare opinion it holds little probative weight • Confuse - There is a danger that a witness offering opinion evidence will “usurp” the function of the tribunal of fact, which is to draw the necessary inferences from the facts presented in evidence • Based - A witness’s evidence of opinion may be Based on other evidence which, if stated expressly, would be inadmissible