Definitions Flashcards
Evidence
Whole body of material which a court may take into account in reaching their decision
Admissible Evidence
Evidence admissible if it can legally be received by the court - judge decides.
Court refer to certain principals of law
- Relevance, reliability, unfairness
Relevant Evidence
Evidence is relevant if has tendency to prove/disprove anything of consequence to determination of proceeding
Circumstantial Evidence
CIRCUMSTANTIAL EVIDENCE
Circumstantial evidence is a fact which judge/jury may infer the existence of a fact in issue. Offers indirect proof of fact in issue. More circumstances lead to more inference and the circumstantial evidence becomes stronger to the point where viewed in entirety can be sufficient to prove guilt.
Propensity Evidence
PROPENSITY EVIDENCE
- Evidence about persons propensity to act in a particular way or have a particular state of mind
- Includes evidence of acts, events, omissions or circumstances with which a person is alleged to have been involved
- But does not include 1 of the elements of the offence for which the person is being tried or the cause of action in the proceeding
Facts in Issue
FACTS IN ISSUE
- Facts which in law need to be proven to succeed with a case.
- Those which the prosecution must prove to establish the elements of the offence OR the defendant must prove to succeed with a defence in which they carry the burden of proof.
Direct Evidence
Any evidence by a witness as to a fact in issue, whether they have seen heard or otherwise experienced
Corroboration
CORROBORATION - S121(1) & 121(2)
- Not defined in the Act. Is independent evidence that tends to confirm/support some fact of which other evidence is given and implicates the defendant in the crime
- (1) Not necessary except for perjury, false oaths/statements/declarations and treason
- (2) Not necessary for judge to warn jury that it’s dangerous to act on uncorrobrated evidence (or similar effect) or give direct relating to absence of corroboration.
Weight of Evidence
WEIGHT OF EVIDENCE
It’s value in relation to the facts in issue. Value will depend on
- veracity of witness
- extent to which if accepted it is relevant/conclusive of those facts
- extent to which it is supported/contradicted by other evidence produced
Ways of Giving Evidence
WAYS OF GIVING EVIDENCE
- Ordinary Way: Orally in a court in the presence of a judge/jury/counsel, members of the public or reading a written statement in a court
- Alternative Way: Inside courtroom but unable to see defendant or outside the courtroom (AVL) or video recording made before the hearing
- Any Other Way: Provided for by the EA06 or any other enactment
Statement
A spoken or written assertion by a person, or non-verbal conduct of a person intended by that person to be an assertion of a matter
Veracity
A disposition to refrain from lying, generally or in proceedings
Witness
WITNESS
Person who gives evidence and is able to be cross examined in proceedings. Includes a person who is actively engaged in the process of giving evidence, and may also include a person who has previously given evidence in proceedings (limited number of provisions in Evidence Act 06)
Eligible if they are lawfully able to give evidence on behalf of prosecution and defence
Witness Unavailablity
WITNESS UNAVAILABILITY
If dead, outside NZ and not reasonably practicable for them to be a witness, unfit to be a witness because of age/physical/mental condition, cannot with reasonable diligence be ID’d or found, is not compellable (sovereign/defendant) to give evidence
Hearsay Statement
A statement that - was made by a person other than a witness and is offered in evidence at proceedings to prove the truth of its contents.
