DEFINITIONS Flashcards
Evidence
Whole body of material which a court/tribunal may take into account in reaching their decision
**Admissible evidence
Evidence legally able to be used in court
Relevence
If it has a tendency to prove or disprove anything that is of consequence to the determination of proceedings
MC**Facts in issue
- things prosecution must prove to establish offence elements
- things defence must prove to succeed with a defence, in respect of which he or she carries the burden of proof
- Facts in issue and facts relevant to issue must be proven with evidence
Exclusionary rules
Rules that exclude evidence (unreliable, unduly prejudicial or unfair to admit it)
Weight of evidence
Value in relation to the facts in issue. Depends on:
- extent of its relevance to facts in issue
- extent its supported or contradicted by other evidence
- veracity of witnesses
Degree of probative force accorded to evidence
Offer evidence
Must be elicitedbefore it is offered. Putting a proposition to a witness is not offering evidence, it becomes so when the proposition is accepted. Offering evidence includes eliciting evidence by cross examination of a witness
Giving evidence
Included in offering evidence, where a witness gives evidence and a party offers evidence.
Can be given:
- ordinary way so in court or via affidavit or fws if accepted by both prosecution and defence
- alternative way so AVL, using boards to separate witness from court
- in any other way covered by act
Incriminate
Info reasonably likely to lead to or increase likelihood of the prosecution of a person for a criminal offense
Proceeding
Proceeding conducted in court, court session and any application connected to it
*Statement
Spoken or written assertion by a person, or non verbal conduct of a person intended by that person as an assertion of any matter
*Witness
Person who gives evidence and can be cross examined during proceedings
*Hearsay statement (PrTrCo)
Made by a person other than a witness and offered in evidence in the proceedings to prove the truth of its content.
Not a witness as not giving evidence in chief in court so can’t be cross examined, therefore hearsay statement.
*Veracity
The disposition of a person to refrain from lying, whether generally or in a proceeding
*Propensity
A person’s propensity to act in a particular way or have a particular state of mind including evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved
**Direct evidence
by witness/FII/seen heard exp
Evidence given by a witness to a fact in issue that they have seen, heard or otherwise experienced
**Circumstantial evidence (inferences)
Evidence of circumstances that do not directly prove any fact in issue but allow inferences about the existence of those facts to be drawn
Enforcement agency
Nz police but any agency able to enforce any enactment eg customs fisheries IRD etc
Expert (expert witness)
Person who has specialized knowledge or skill based on training, study or experience, judge decides if suitable.
Associate defendant
Someone whom a prosecution has been initiated for an offence arising out of the same events as the offence for which the defendant is being tried
*Privilege (RRP disc adm)
The right to refuse to disclose or to prevent disclosure of what would otherwise be admissable
2 types - protect information, others communication
Leading question
One directly or indirectly suggests a particular answer to the question
**Hostile witness
- Exhibits unfavorable lack of veracity unfavorable to calling party
- Gives inconsistent evidence with their statement
- refuse to answer questions or withholds evidence
*Voire dire (pre trial hearing)
- A hearing where evidence is given by a witness to prove the facts necessary for deciding whether some other evidence should be admitted in a proceeding.
- It is conducted without a jury being present.
*Burden of proof
- Whoever asserts something must prove it
- In criminal cases the burden of proof is on the Crown, ie the prosecutor must prove the accused guilty rather that the accused person prove their innocence. All that a defendant needs to do is to raise a doubt as to their guilt.
- In a criminal case the prosecution must prove every essential ingredient of the offence beyond a reasonable doubt.
*Uncontreverted facts JN
Proven by judicial notice
*Unavailable witness
a. Is dead, or
b. Is outside New Zealand and is not reasonably practicable for him or her to be a witness, or
c. Is unfit to be a witness because of age or physical or mental condition, or
d. Cannot with reasonable diligence be identified or found, or
e. Is not compellable to give evidence
