8. Evidence Flashcards
What is evidence?
- The whole body of material which a court or tribunal may take into account in reaching their decision.
Maybe an oral, written or visual form
What three main categories do the rules of evidence fall into?
- How evidence may be given
- Who may give evidence and
- What type of material may be given evidence
Admissible evidence?
Evidence is admissible if it is legally able to be received by court.
Factfinder?
Judge or jury
Relevance?
Evidence is relevant if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding.
Facts in issue?
- Those which the prosecution must prove in order to establish the elements of the offence or
- The defendant must prove in order to succeed with a defence and respect of which they carry the burden of proof
Weight of evidence?
Weight of evidence
- is its value in relation to the facts in issue.
- The “weight” is the degree of probative value that can be accorded to the evidence.
Probative value?
- How strongly evidence points to the inference it said to support
- How strongly and centrally the evidence assists proving or disproving issues in a case
Prejudicial?
- Evidence adverse to a party’s case, the drawing of an inference against a party
- Give more weight to evidence than it deserves
- Speculate inappropriately
- Be mislead by the evidence
Give evidence?
A person recounting facts or opinions in a proceeding.
Witness
A witness is a person who gives evidence and is able to be cross examined.
Child complainant
A complainant who is a child (under 18 years) when the proceeding commences when a charging document is filed NOT at the beginning of the trial)
Incriminate
To provide information that is reasonably likely to lead to, or increase the likelihood of, the prosecution of a person for a criminal offence
Statement
A statement is a spoken or written assertion by person, or non-verbal conduct of a person intended by that person as an assertion of any matter
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.
- out of Court statement
Veracity
Is the disposition of a person to refrain from lying
Propensity
Is a persons tendency to act in a particular way or have a particular state of mind
Circumstantial evidence
- Evidence of circumstances that do not directly prove any fact in issue, but
- allow inferences about the existence of those facts to be drawn. (Defendant was seen in the vicinity of the scene of a crime)
Enforcement agency
An enforcement agency refers to the New Zealand Police or any body or organisation that has a statutory responsibility for the enforcement of responsibility
What is the purpose of S6 Evidence Act 2006?
Providing facts, rules, fairness, protecting rights and confidentiality, avoiding unjustifiable expense and delay and enhancing access to law of evidence.
What is S7 and S8 Evidence Act 2006?
Principles governing the rules of evidence. They are rules of law and are not matters of discretion
Relevant
The fundamental condition for the admissibility of evidence is that it must be relevant. Evidence not relevant will not be admissible
S7
All relevant evidence is admissible in a proceeding except evidence that is
- inadmissible under this act
- Excluded under this act
- Evidence that is not relevant is not admissible
- Evidence is relevant in a proceeding if it has a tendency to prove or disprove anything
S8 - General exclusion
- Unfairly prejudicial effect on the proceeding
- needlessly prolong the proceeding
S9 Evidence Act 2006
Allows evidence to be admitted by agreement between the parties (undisputed expert evidence).
Woolmington principal
- The presumption of innocence.
- The burden of proof lies clearly with the prosecution in relation to all elements of the offence.
- Has the prosecution proved its case.
When is the Evidential burden placed on the defence?
When a defence is raised, self defence or insanity