Definitions

Question 1

Evidence

Answer 1

“Evidence” is the term for the whole body of material which a Judge or jury – may take into account in reaching their decision.

Evidence may be in oral, written or visual form.

Question 2

Admissible evidence

Answer 2

Evidence is admissible if it is legally able to be received by a court.

Question 3

Relevance

Answer 3

Evidence is relevant “if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding” (s7(3)of the Evidence Act 2006).

Question 4

Facts in issue

Answer 4

Facts in issue are those which:
* the prosecution must prove to establish the elements of the offence, or
* the defendant must prove to succeed with a defence, in respect of which they carry the burden of proof.

Question 5

Exclusionary rules (S8)

Answer 5

These are rules that exclude evidence.

Assessing the probative value of evidence against the risk that it will:
• have an “unfairly prejudicial effect on the proceeding” (s8(1)(a)), or
• “needlessly prolong the proceeding” (s8(1)(b)).

Question 6

Weight of evidence

RC SC VW

Answer 6

The value of evidence in relation to the facts in issue.
Determined by:

• relevance to or conclusiveness of the facts.
• supported or contradicted by other evidence.
• the veracity of the witness.

Question 7

Offer evidence

Answer 7

Information is elicited from a witness, then accepted (proposition), then offered as evidence.

Includes eliciting through cross examination

Question 8

Give evidence

Answer 8

In a proceeding, evidence may be given:

• Ordinary way in a courtroom in the presence of a judge, jury, parties, public
• in an alternative way – in the courtroom but unable to see the defendant or other person; outside the courtroom; or by video recording made before the hearing.
• in any other way

Question 9

Incriminate

Answer 9

To incriminate is to provide information that is likely to, or increase likeliness to the prosecution of a person for a criminal offence.

Question 10

Statement
&
Witness

Answer 10

A spoken or written assertion by a person, or non-verbal conduct of a person intended as an assertion of any matter.

WITNESS
This is a person who gives evidence and is able to be cross-examined in a proceeding.

Question 11

Veracity

Propensity
(AOEC)

Answer 11

Veracity is the disposition of a person to refrain from lying..

Propensity
evidence that tends to show a person’s propensity to act in a particular way or have a particular state of mind, and includes evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved.

Question 12

Direct evidence
SHE

Circumstantial evidence

Answer 12

DE
evidence to a fact in issue that witness has seen, heard or otherwise experienced

CE
evidence of circumstances that allow inferences to be drawn about the existence of facts. It offers indirect proof of a fact in issue.

Question 13

What is Hearsay S4

Answer 13

“a statement made by a person other than a witness and offered in evidence to prove the truth of its contents”