Definitions

Question 1

Evidence

Answer 1

The whole body of material which a court or tribunal may take into account in reaching their decision.

May be oral, written or visual form.

Question 2

Admissible Evidence

Answer 2

Legally able to be received by a court

Question 3

Relevance

Answer 3

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

Question 4

Facts in Issue

Answer 4

• 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 he or she carries the burden of proof.

Question 5

Exclusionary Rules

Answer 5

Evidence that is unreliable, unduly, prejudicial or otherwise unfair to admit it

Question 6

Weight of Evidence

Answer 6

Is its value in relation to the facts. Value will depend on:
- the extent to which it is directly relevant to or conclusive of
- the extent to which it is supported or contradicted by evidence produced
- the veracity of a witness

The weight is the degree of probative force that can be accorded to the evidence.

Question 7

Offer Evidence

Answer 7

Evidence must be elicited before it is offered. It becomes an offer of evidence when a witness accepts a proposition.

Question 8

Give Evidence

Answer 8

Giving evidence is included in ‘offering evidence’:
- the ordinary way, either orally in the courtroom or by affidavit filed in court
- an alternative way, in the courtroom but unable to see the defendant or other person, or by video recording made before the hearing
- any other way provided for by the evidence act 2006

Question 9

Incriminate

Answer 9

Provide information that is reasonably likely to lead to the prosecution of a person for a criminal offence

Question 10

Proceeding

Answer 10

A proceeding conducted by court, and any application to a court connected with a proceeding

Question 11

Statement

Answer 11

A spoken or written assertion by a person, or non verbal conduct of a person

Question 12

Witness

Answer 12

Is a person who gives evidence and is able to be cross-examined in a proceeding

Question 13

Hersay Evidence

Answer 13

Is a statement that was made by a person other than a witness and is offered in evidence in the proceeding to prove the truth of its contents.

Question 14

Veracity

Answer 14

Disposition of a person to refrain from lying

Question 15

Propensity

Answer 15

Evidence about a persons 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 16

Direct Evidence

Answer 16

This is any evidence by a witness as to a fact in issue that he or she has seen, heard, or otherwise experienced.

Question 17

Circumstantial Evidence

Answer 17

This is 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 18

Enforcement Agency

Answer 18

Refers to NZ Police or any body or organisation that has a statutory responsibility for the enforcement of an enactment.