Definitions Flashcards
Define Evidence
“Evidence” is the term for the whole body of material which a court or tribunal - ie in criminal cases the Judge or Jury - may take into account in reaching their decision.
Evidence may be in oral, written or visual form.
Define Admissible Evidence
Evidence is admissible if it is legally able to be received by a court
Define Relevance
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]
Define Facts in Issue
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 he or she carries the burden of proof.
Define Exclusionary Rules
These are rules that exclude evidence (usually because it is unreliable, unduly prejudicial or otherwise unfair to admit it).
Define Weight of Evidence
The “weight” of evidence is its value in relation to the facts in issue. The value will depend on a wide range of factors, such as:
• the extent to 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
The “weight” is the degree of probative force that can be accorded to the evidence.
Define Offering Evidence
Evidence must be elicited before it is “offered”: Merely putting a proposition to a witness is not offering evidence; it becomes so when the witness accepts the proposition - s96(1) of the Evidence Act 2006.
Offering evidence in the Evidence Act 2006 includes eliciting evidence by cross-examination of a witness called by another party.
Define Giving Evidence
(And how may it be given)
“Giving evidence” is included in “offering evidence”: a witness “gives evidence”; a party “offers evidence”. A party who testifies both gives and offers evidence.
In a proceeding, evidence may be given:
• In the ordinary way either orally in a courtroom in the presence of a judge (or judge and jury); or in an affidavit filed in court.
• In an alternative way - e.g. screens, AVL.
• In any other way provided for by the Evidence Act 2006 or any other relevant enactment.
Define Incriminate
To incriminate is to provide information that is reasonably likely to lead to, or increase the likelihood of, the prosecution of a person for a criminal offence.
Define Proceeding
This means a proceeding conducted by a court, and any application to a court connected with a proceeding.
Define Statement
This is a spoken or written assertion by a person, or non-verbal conduct of a person intended by that person as an assertion of any matter.
Define Witness
This is a person who gives evidence and is able to be cross-examined in a proceeding.
Define Hearsay Statement
This 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.
This definition means that out-of-court statements made by a “witness” are not excluded by the hearsay rule because the maker is available to be cross-examined. Such statements may still be excluded by a different rule.
A statement offered for some purpose other than providing the truth of its contents, for example merely to show that the statement was made or uttered, is not a hearsay statement.
Define Veracity
This is the disposition of a person to refrain from lying, whether generally or in a proceeding.
Define Propensity (Evidence)
Propensity evidence is evidence about 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.
