CIB 009 - Evidence Flashcards
Define ‘evidence’.
“Evidence is the term for the whole body of material which a court or tribunal may take into account in reaching their decision.
What is admissible evidence?
Evidence is admissible if it is legally able to be received by a court.
Define ‘relevance’ in relation to evidence.
Evidence is relevant if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding.
What are two examples of ‘Facts in issue’.
Facts in issue are those which:
• the prosecution must prove to establish the elements of the offence, or
• the defendant must prove to succeed with a defence, in respect of which he or she carries the burden of proof.
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 probation force that can be accorded to the evidence.
“Giving evidence” is included in “offering evidence”.
In a proceeding, evidence may be given:
• in the ordinary way - either orally in a courtroom, or in an affidavit filed in court or by reading a written statement in a courtroom.
• in an alternative way - in the courtroom but unable to see the defendant or other person; outside the courtroom; or by video recording made before the hearing.
• in any other way provided for by the Evidence Act 2006 or any other relevant enactment.
Define ‘witness’.
This is a person who gives evidence and is able to be cross-examined in a proceeding.
Define ‘veracity’.
This is the disposition of a person to refrain from lying, whether generally or in a proceeding.
What is ‘Propensity evidence’.
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.
What is ‘direct evidence’?
This is any evidence given by a witness as to a fact in issue that he or she has seen, heard or otherwise experienced.
What is ‘circumstantial evidence’?
This is evidence of circumstances that do not directly prove any fact in issue, but which allow inference about the existence of those facts to be drawn.
The fundamental principle in criminal law is the presumption of innocence, known as the “Woolmington principle”. What does this principle establish?
Subject to specific statutory exceptions, the burden of proof lies clearly with the prosecution in relation to all of the elements of the offence.
What is “Beyond reasonable doubt”?
An honest and reasonable uncertainty left in your mind about the guilt of the defendant after you have given careful and impartial consideration to all of the evidence.
The Crown must prove that the accused is guilty beyond reasonable doubt.
What is your understanding of “Balance of probabilities”?
Where the defence is required to prove a particular element, such as insanity, on the balance of probabilities, it must simply show that it is more probable than not.
If the probabilities are equal, the burden is not discharged.
