Definitions

Question 1

Definition of evidence

Answer 1

“Evidence” is the term for the whole body of material which a court or tribunal - ie in criminal cases a judge or jury - may take into account in reaching their decision

Evidence may be in oral, written, or visual form

Question 2

Definition of admissable evidence

Answer 2

Evidence is admissable if it is legally able to be received by a court

Question 3

Definition of Relevance

Answer 3

Evidence is relevant “if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding (s 7(3) of the evidence act 2006)

Question 4

Definition of Facts in issue

Answer 4

Facts in issue or 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 if proof

Question 5

Definition of exclusionary rules

Answer 5

These are rules that exclude evidence (usually because it is unreliable, unduly prejudicial or otherwise unfair to admit it)

Question 6

Definition of weight of evidence

Answer 6

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.

Question 7

Definition of offer evidence

Answer 7

Evidence must be elicited before it is “offered”: Merely putting a proposition to w witness is not offering evidence, it becomes so when the witness accepts the proposition - s96(1) of the Evidence Act 2006. Offering evidence in the Evidence Act 2006 includes eliciting evidence by cross-examination of a witness called by another party.

Question 8

Definition of give evidence

Answer 8

“Giving evidence” is included in “offering evidence”: a witness “gives evidence”; a party “offers evidence”. A party who testifies both gives and offers evidence

Question 9

The three ways in which evidence may be given in a proceeding:

Answer 9

1. in the ordinary way: either orally in the courtroom in the prescence of a judge, parties to the proceeeding, counsel, and members of the public; or in an affidavit filed in court or by reading a statement if both prosecution and defence consent, and the statement is admissable.
2. in an alternative way: in the courtroom but unable to see the defendant; outside the courtroom; by video recording made before the hearing.
3. in any other way: provided for by the Evidence Act 2006 or any other relevant enactment.

Question 10

Definition of incriminate

Answer 10

To incriminate is to provide information that is reasonably likely to lead to, or increase the likelihood of, the prosecution of a person for a criminal offence.

Question 11

Definition of proceeding

Answer 11

This means a proceeding conducted by court, and any application to a court connected with a proceeeding

Question 12

Definition of statement

Answer 12

This is a spoken or written assertion by a person, or non-verbal conduct of a person intended by that person as an assertion of any matter

Question 13

Definition of witness

Answer 13

This is a person who gives evidence and is able to be cross-examined in a proceeding

Question 14

Definition of hearsay statement

Answer 14

This is a statement that was made by another person other than a witness, and is offered in evidence in the proceeding to prove the truth of its contents. Means that out of court statement made by a “witness” are not excluded by the hearsay rule because the maker is available to be cross-examined. Such statements may still be excluded by a different rule. A statement offered for some purpose other than proving the truth of its contents is not a hearsay statement.

Question 15

Definition of veracity

Answer 15

This is the disposition of a person to refrain from lying, whether generally or in a proceeding.

Question 16

Definition of propensity

Answer 16

Propensity evidence is evidence about a persons 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.

Question 17

Definition of direct evidence

Answer 17

This may be evidence given by a witness as to a fact in issue that he or she has seen, heard, or otherwise experienced (e.g. an eye witness who states that she saw the defendant stab the complainant with a knife).

Question 18

Definition of circumstantial evidence

Answer 18

This is evidence of circumstances that do not directly prove any fact in issue, but allow inferences about the existence of those facts to be drawn (e.g. the defendant was seen i the vicinity of the scene of the crime).

Question 19

Definition of enforcement agency

Answer 19

This refers to the New Zealand Police or any body organisation that has a statutory responsibility for the enforcement of an enactment, including the New Zealand Customs Service, the Ministry of Fisheries, and the Inland Revenue Department.