DEFINITIONS

Question 1

Evidence

Answer 1

Whole body of material which a court/tribunal may take into account in reaching their decision

Question 2

**Admissible evidence

Answer 2

Evidence legally able to be used in court

Question 3

Relevence

Answer 3

If it has a tendency to prove or disprove anything that is of consequence to the determination of proceedings

Question 4

MC**Facts in issue

Answer 4

• 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

Question 5

Exclusionary rules

Answer 5

Rules that exclude evidence (unreliable, unduly prejudicial or unfair to admit it)

Question 6

Weight of evidence

Answer 6

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

Question 7

Offer evidence

Answer 7

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

Question 8

Giving evidence

Answer 8

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

Question 9

Incriminate

Answer 9

Info reasonably likely to lead to or increase likelihood of the prosecution of a person for a criminal offense

Question 10

Proceeding

Answer 10

Proceeding conducted in court, court session and any application connected to it

Question 11

*Statement

Answer 11

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 12

*Witness

Answer 12

Person who gives evidence and can be cross examined during proceedings

Question 13

*Hearsay statement (PrTrCo)

Answer 13

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.

Question 14

*Veracity

Answer 14

The disposition of a person to refrain from lying, whether generally or in a proceeding

Question 15

*Propensity

Answer 15

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

Question 16

**Direct evidence

by witness/FII/seen heard exp

Answer 16

Evidence given by a witness to a fact in issue that they have seen, heard or otherwise experienced

Question 17

**Circumstantial evidence (inferences)

Answer 17

Evidence of circumstances that do not directly prove any fact in issue but allow inferences about the existence of those facts to be drawn

Question 18

Enforcement agency

Answer 18

Nz police but any agency able to enforce any enactment eg customs fisheries IRD etc

Question 19

Expert (expert witness)

Answer 19

Person who has specialized knowledge or skill based on training, study or experience, judge decides if suitable.

Question 20

Associate defendant

Answer 20

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

Question 21

*Privilege (RRP disc adm)

Answer 21

The right to refuse to disclose or to prevent disclosure of what would otherwise be admissable
2 types - protect information, others communication

Question 22

Leading question

Answer 22

One directly or indirectly suggests a particular answer to the question

Question 23

**Hostile witness

Answer 23

• Exhibits unfavorable lack of veracity unfavorable to calling party
• Gives inconsistent evidence with their statement
• refuse to answer questions or withholds evidence

Question 24

*Voire dire (pre trial hearing)

Answer 24

• 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.

Question 25

*Burden of proof

Answer 25

• 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.

Question 26

*Uncontreverted facts JN

Answer 26

Proven by judicial notice

Question 27

*Unavailable witness

Answer 27

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