Definition Flashcards
Define Evidence
Whole body of material which a court or tribunal may take into account in reaching their decision.
Can be oral, written or visual form
Define Admissible Evidence
It is legally able to be received by the court
Define Relevance
Tendency to prove or disprove anything that is of consequences
To the determination of a proceeding
Define facts in issue
• Prosecution must prove to establish the elements of the offence
• Defendant must prove to succeed with a defence, in respect of which he or she carries the burden of proof
Define Weight of Evidence
Its value in relations to the facts in issue
The value depends on a wide range of factors.
• Extent to which, if accepted, it is directly relevant to or conclusive of, those facts,
• Extent to which, it is supported or contradicted by other evidence produced
• Veracity of the witness
What ways can you give evidence ?
• In the ordinary way
Orally in court presence of Judge/Jury Parties to the proceeding, counsels, members of the public allowed by Judge OR
Affidavit filed in court or written statement
• In an alternative way
Court room unable to see the defendant
Video recording made before the hearing
AVL
• in any other way
Define witness:
Person who gives evidence and can be cross examined
Define veracity
This is the disposition of a person to refrain from lying, whether generally or in a proceeding
Define Propensity
Evidence about a person 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
Evidence by witness as to a fact in issue:
That he or she has seen, heard or otherwise experienced
What is circumstantial evidence
Evidence of circumstances that do not directly prove any facts in issues
But which allow inference about the existence of those facts to be drawn
