8.1 Evidence Flashcards
What is evidence?
The whole body of material which a court may take into account in reaching their decision.
Evidence may be written, oral or visual.
What is admissible evidence?
Evidence is admissible if it is legally able to be received by the court.
Who is the fact finder?
Judge or jury.
What is relevant evidence?
Evidence is relevant if it has a tendency to prove or disprove anything that is of consequence to the proceeding.
Define prejudicial.
Evidence adverse to a party’s case.
What is a witness?
A person who gives evidence and is able to be cross examined.
What is the age of a child complainant?
Under 18 years when the proceeding commences (when the charging document is filed).
What is a statement?
A spoken or written assertion or non verbal conduct intended by that person as an assertion of any matter.
What is a hearsay statement?
A statement made by a person other than a witness and is offered in evidence in the proceeding to prove the truth of it’s contents.
Define veracity.
The disposition of a person to refrain from lying.
Define propensity.
A person’s tendency to act in a particular way or have a particular state of mind.
What is direct evidence?
Evidence a witness has seen, heard or otherwise experienced (eye witness).
What is circumstantial evidence?
Evidence of circumstances that do not directly prove any facts in issue, but which allow inferences about the existence of those facts to be drawn (eg the defendant was seen in the vicinity of a crime).
If a judge decides that evidence is relevant…
Then subject to any other legal rules, the party will be entitled to present the evidence. Relevance is a necessary but not a sufficient condition of admissibility under the act.
Sec 8 - In a proceeding, a judge must exclude evidence if….
Its probative value is outweighed by the risk that the evidence will
a) have an unfairly prejudicial effect on the proceeding or
b) needlessly prolongs the proceeding
What is the Sec 8 test?
The sec 8 test involves balancing the probative value of evidence against the risk that it will have an unfairly prejudicial effect on the proceeding or needlessly prolong the proceeding.
Evidence will be admitted if its probative value outweighs the risks.