11-19 definitions

Question 1

Statement

Answer 1

This 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 2

Witness

Answer 2

This is a person who gives evidence and is able to be cross-examined in a proceeding.

Question 3

Hearsay Statement

Answer 3

• This 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.
• Of note This definition means that out-of-court statements made by a “witness” are not excluded by the hearsay rule because the maker is available to be cross- examined.
• Such statements may still be excluded by a different rule.
• A statement offered for some purpose other than proving the truth of its contents, for example merely to show that the statement was made or uttered, is not a hearsay statement.

Question 4

Veracity

Answer 4

This is the disposition of a person to refrain from lying, whether generally or in a proceeding.

Question 5

Propensity Evidence

Answer 5

Propensity evidence is evidence about a person’s propensity to act in a particular way or have a particular state of mind, and includes evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved.

Question 6

Direct Evidence

Answer 6

This is any evidence given by a witness as to a fact in issue that he or she has seen, heard or otherwise experienced (e.g. an eyewitness who states that she saw the defendant stab the complainant with a knife).

Question 7

Circumstantial Evidence

Answer 7

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).

Question 8

Opinion

Answer 8

A statement of opinion that tends to prove or disprove a fact

Question 9

Hostile Witness, in relation to a witness, means that the witness—

Answer 9

• Exhibits, or appears to exhibit, a lack of veracity when giving evidence unfavourable to the party who called the witness on a matter about which the witness may reasonably be supposed to have knowledge; or
• Gives evidence that is inconsistent with a statement made by that witness in a manner that exhibits, or appears to exhibit, an intention to be unhelpful to the party who called the witness; or
• Refuses to answer questions or deliberately withholds evidence