definitions Flashcards
Evidence
Is the whole body of material which a court or tribunal, may take into account in reaching their decision.
Admissable evidence
Evidence is admissible if it legally able to be received by the courts
Relevance
Evidence is relevant if it has a tendency to prove or disproove anything that is of consequence to the determination of a proceeding. (S7(3) of the evidence act 2006)
Facts in issue
Facts in issue are those which
- the prosecution must prove to establish the elements of an offence or,
- the defendant must prove to suceed with a defence, in respect of which he or she carries the burden of proof.
Offer evidence
Evidence must be elicited before it is offered. Merely putting a proposistion to a witness is not offering evidence. When the witness accepts the proposition it becomes so.
Give evidence
Aa witness gives evidence. A party o=ffers evidcence.
Three ways evidence can be given:
In a usual way - ie orally in court
By alternative way - AVL
In any way as provided by the evidence act.
Statement
This is a spoken or written assertion by a person, or non-verbal conduct of a person intende by that person as an assertion of any matter.
Witness
A person who gives evidence and is able to be cross examined in a proceedings
Hearsay Statement
This is a statement made by a person other then a witness and is offered in evidence in the proceedings to prove the truth of its contents.
Veracity
This is the disposition of a person to refrain from lying.
Propensity
Propensity evidence is a person propensity to act in a particular way of have a particular state of mind and includes any acts or omissions or circumstances with which the persin is alleged to have been involved in.
Direct evidence
The evidecne given by a witness as to what they heard, saw.
Circumstantial evidence
This is evidence of circumstances that do not directly prove any fact in issue but whcih allow to draw inferrence about the existance of those facts.
