Definitions Flashcards
Evidence
Whole body of material that a court | tribunal may take into account in reaching their decision
Evidence may be in oral | written| visual form
Admissible evidence
Evidence that is legally able to be received by a court
Weight of evidence
The weight of evidence is its value in relation to the facts in issue. The value depends on factors, e.g.:
- The extent to which the evidence is directly relevant to | conclusive of those facts
- The extent to which the evidence is supported | contradicted by other evidence
- The veracity of the witness
Give evidence
“Give evidence” is included in “offer evidence”
A witness gives evidence
A party offers evidence
A party that testifies both gives and offers evidence
Ways of giving evidence
Evidence may be given:
Ordinary way
- Orally in a courtroom in the presence of a judge/jury, or
- In a affidavit filed in court
- By reading a written statement in a courtroom
Alternative way
- In courtroom but unable to see the defendant | other person
- Outside courtroom
- Video recording prepared before the hearing
In any other way provided by EA’06 | other Act
Incriminate
To provide information that is reasonably likely to lead to, or increase the likelihood of, the prosecution of a person for a criminal offence
Witness
A person who gives evidence and is available to be cross examined in a proceeding
Woolmington principle
Fundamental principle in criminal law is the presumption of innocence
The burden of proof lies clearly with the prosecution in all of the elements of the offence
Reasonable doubt (Wanhalla)
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
Facts in issue
The prosecution must prove to establish the elements of the offence
The defence must prove where the defendant carries the burden of proof
Relevant facts
Facts that tend to prove | disprove fact in issue
(inc. circumstantial evident)
Direct evidence
Evidence given by a witness wrt a fact in issue that he has seen | heard | otherwise experienced
Circumstantial evidence
Evidence of circumstances that do not directly prove any fact in issue - but which allow inferences about the existence of those facts to be drawn
Veracity
Disposition of a person to refrain from lying, whether generally or in a proc.
Propensity evidence
Evidence that shows a person’s propensity to:
- act in a particular way |
- have a particular state of mind
being evidence of AOEC with which the person is alleged to have been involved
but does not include evidence of AO that is:
- 1 of elements of offence being tried |
- cause of action in proc.