Definitions

Question 1

Evidence

Answer 1

The whole body of material which the court or tribunal may take into account into reaching their decision. Can be oral, written or visual

Question 2

Admissible evidence

Answer 2

Evidence that can be legally 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

Question 4

Facts in issue

Answer 4

• the prosecution must prove to establish the elements of the offence
• 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

These are rules that exclude evidence (usually because it is unreliable, unduly prejudicial or otherwise unfair to admit it)

Question 6

Weight of evidence

Answer 6

The value in relation to the facts in issue. The value will depend on:
- the extent of which, if accepted, it is directly relevant to or conclusive of, those facts
- the extent to which it is supported or contradicted by other evidence produced
- the veracity of the witness

Question 7

Offer evidence

Answer 7

Evidence must be elicited (drawn out), putting a proposition to a witness is not offering evidence

Question 8

Give evidence

Answer 8

Included in offering evidence. A witness gives evidence where a party offers evidence.

Evidence may be given in 3 ways:

1) ordinary way - orally in court in the presence of judge etc, or affidavit or reading a written statement in court

2) alternative way - in court room but unable to see defendant or other person, outside courtroom, video recording

3) in any other way

Question 9

Incriminate

Answer 9

To provide information that is reasonably likely to lead to or increase the likelihood of prosecution of a person for a criminal offence

Question 10

Proceeding

Answer 10

Means a proceeding conduct by a court, and any application to a court concected with a proceeding

Question 11

Statement

Answer 11

A spoken or written assertion by a person or on-verbal conduct of a person intended by that person as na assertion of any matter

Question 12

Witness

Answer 12

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

Question 13

Hearsay statement

Answer 13

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, whether generally or in a proceeding

Question 15

Propensity

Answer 15

Evidence about a persons propensity to act in a particular way or have a particular statement of mind, includes evidence of acts, omissions, events or circumstances with which a person is alleged to have been invovled

Question 16

Direct evidence

Answer 16

This is any evidence given 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 the Police or any body or organisation that has statutory responsibility for the enforcement of any enactment, including the customs, fisheries and IRD