Definitions

Question 1

Evidence

Answer 1

Whole body of material that a court | tribunal may take into account in reaching their decision

Evidence may be in oral | written| visual form

Question 2

Admissible evidence

Answer 2

Evidence that is legally able to be received by a court

Question 3

Weight of evidence

Answer 3

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

Question 4

Give evidence

Answer 4

“Give evidence” is included in “offer evidence”

A witness gives evidence

A party offers evidence

A party that testifies both gives and offers evidence

Question 5

Ways of giving evidence

Answer 5

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

Question 6

Incriminate

Answer 6

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 7

Witness

Answer 7

A person who gives evidence and is available to be cross examined in a proceeding

Question 8

Woolmington principle

Answer 8

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

Question 9

Reasonable doubt (Wanhalla)

Answer 9

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

Question 10

Facts in issue

Answer 10

The prosecution must prove to establish the elements of the offence

The defence must prove where the defendant carries the burden of proof

Question 11

Relevant facts

Answer 11

Facts that tend to prove | disprove fact in issue

(inc. circumstantial evident)

Question 12

Direct evidence

Answer 12

Evidence given by a witness wrt a fact in issue that he has seen | heard | otherwise experienced

Question 13

Circumstantial evidence

Answer 13

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

Question 14

Veracity

Answer 14

Disposition of a person to refrain from lying, whether generally or in a proc.

Question 15

Propensity evidence

Answer 15

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.

Question 16

Statement

Answer 16

• Written | oral assertion by a person on any matter, or
• Non-verbal conduct of a person, intended by that person to be an assertion

Question 17

Hearsay statement

Answer 17

A statement that

• was made by a person other than a witness, and
• is offered in evidence to prove the truth of its contents

Question 18

Circumstances

Answer 18

• Nature and content of statement
• Circumstances relating to making of statement
• Circumstances relating to maker’s veracity
• Circumstances relating to accuracy of observation

Question 19

Business record

Answer 19

A document that is made:

• to comply with a duty or in the course of a business
• from information supplied by a person who reasonably had personal knowledge of the matters relating to the information provided

Question 20

Opinion

Answer 20

A statement that tends to prove | disprove a fact

Question 21

Expert

Answer 21

A person with specialised knowledge | skill
based on training | study | experience

Question 22

Proc. determined

Answer 22

• proc stayed | dismissed, or
• AD acquitted, or
• AD convicted and sentence

Question 23

Associated defendant

Answer 23

Person being prosecuted for:

• offence that arose from same events leading to D’s prosecution
• offence connected to offence for which D is being prosecuted

Question 24

Privilege

Answer 24

The right to refuse to disclose or prevent disclosure of what would otherwise be admissible

Question 25

Self incrimination

Answer 25

Provision by a person of information that could reasonably lead to, or increase the likelihood of, the prosecution of that person for a criminal offence

Question 26

Jury deliberation

Answer 26

Everything said or done during the time the jury was performing its fact finding function

Question 27

Corroboration

Answer 27

Independent evidence that tends to confirm | support some fact of which other evidence is given and implicates the defendant

Question 28

Leading question

Answer 28

A question that directly | indirectly suggests a particular answer

Question 29

Hostile witness

Answer 29

A witness that:

• (Appears to) exhibit a lack of veracity when giving evidence unfavorable to the calling party on a matter on which the witness reasonably has knowledge; or
• Gives evidence inconsistent with a previous statement of theirs in a manner that (appears to) exhibits an intent to be unhelpful to the calling party; or
• Refuses to answer questions or deliberately withholds evidence