CPC 6.4 Flashcards
What are the 4 principles of gathering evidence?
Identify
Preserve
Collect
Produce
What is the definition of evidence?
‘Evidence is any relevant information used to prove or disprove the ‘facts’ surrounding the circumstances of a criminal offence’.
What are facts in relation to evidence?
The ‘elements’
Subsidiary facts
Defences to an offence
What is inculpatory evidence?
Evidence that points to guilt
What is exculpatory evidence?
Evidence that points to innocence
What are the 4 general types of evidence?
Original
Real
Documentary
Direct vs indirect
What is original evidence?
The oral testimony of a witness
What is real evidence?
Physical evidence (e.g. a knife)
What is documentary evidence?
Hard copy, electronic and audio records (CCTV footage)
What is direct evidence?
Facts that support the truth of an assertion (allegation)
What is indirect evidence?
Circumstantial are acts that support the drawing of inference as to the truth of an assertion
What does admissible evidence mean?
It means that the court will accept the evidence
What does inadmissible evidence mean?
It means that the court will not accept the evidence
What are the 3 essential qualities of admissible evidence?
Relevant
Reliable
Fair
What does s59 of the Evidence Act 1995 (NSW) relate to?
Hearsay
What does s55 of the Evidence Act 1995 (NSW) relate to?
Relevant evidence
What does s5165 of the Evidence Act 1995 (NSW) relate to?
Evidence that may be unreliable
What does s76 of the Evidence Act 1995 (NSW) relate to?
Opinion
