Definitions

Question 1

Evidence

Answer 1

The whole body of material which a court or tribunal may take into account in reaching their decision.
Evidence may be in oral, written or visual form.

Question 2

Admissible evidence

Answer 2

Evidence that is legally able to be received by a court

Question 3

Relevance

Answer 3

Evidence that 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

Facts which
The prosecution mist 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 carried the burden of proof

Question 5

Exclusionary rules

Answer 5

Rules that exclude evidence usually becuase its unreliable, prejudicial or otherwise unfair to admit it

Question 6

Weight of evidence

Answer 6

The value of it 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

Weight is the degree of probation force that can be accorded to the evidence

Question 7

Offer evidence

Answer 7

Evidence must be elicited before it is offered: putting a proposition to a witness if not evidence, it is evidence when it’s accepted by that witness
Include eliciting evidence by cross examination

Question 8

Give evidence
3 ways

Answer 8

A party who testifies both gives and offers evidence.

• In ordinary way - in court in person or by affidavit filed or by reading a written statement in a courtroom if both consented by prosecution and defence counsel and it’s a personal statement of the maker.
• alternative way in a courtroom but unable to see the defendant e.g. screens, cctv, video recording made prior

-in any other way provided by the evidence act 2006 or other relevant enactment

Question 9

Incriminate

Answer 9

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

Question 10

Proceeding

Answer 10

Proceeding conducted by a court and any application go a court connected with a proceeding

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

A person who goves evidence and can be cross examined

Question 13

Hearsay statement

Answer 13

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

This means that out of court statements made by a witness are not excluded by the hearsay rule. Such statements may be excluded by other rules.

Question 14

Veracity

Answer 14

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

Question 15

Direct evidence

Answer 15

Evidence given by a witness as to a fact in issue that he or she has seen, heard or otherwise experienced

Question 16

Circumstantial evidence

Answer 16

Evidence of circumstance that do not directly prove any facts in issue but which allow inferences about the existence of those facts to be drawn
(Eg. Defendant was seen in the area of the scene of the crime)

Question 17

Enforcement agency

Answer 17

NZ Police or any body or organisiation that had a statutory responsibility for the enforcement of an enactment
Includes customs service, ministry of fisheries, inland revenue department, corrections etc.

Question 18

Good evidence

Answer 18

facts that prove the charge, facts in issue and the circumstantial evidence

Question 19

Beyond reasonable doubt

Answer 19

an honest and reasonable uncertainty left in your mind about the guilt of the defendant after you have given careful and impartial consideration to all of your evidence

Question 20

Balance of probabilities

Answer 20

when defence must prove a particular element (eg insanity) it must show that it is more probable than not

Question 21

propensity

Answer 21

a tendency to act in a particular way

Question 22

opinion

Answer 22

a statement of opinion that tends to prove or disprove a fact

Question 23

expert

Answer 23

person with specialised knowledge / skill based on training, study or experience

Question 24

privilege

Answer 24

a right to refuse to disclose or to prevent disclosure of what would otherwise be admissible

Question 25

likely

Answer 25

real, appreciable, more merely imaginary / fanciful

Question 26

informers

Answer 26

a person who supplied, gratuitously or for reward, information to an enforcement agency or to a representative of an enforcement agency, concerning the possibly or actual commission of an offence in which the person has a reasonable expectation their identity will not be disclosed

Question 27

corroboration

Answer 27

independent evidence that tends to confirm/support other evidential facts and implicates the defendant

Question 28

leading question

Answer 28

a question that directly or indirectly suggests a particular answer to the question

Question 29

hostile witness

Answer 29

a witness that:
exhibits or appears to exhibit a lack of veracity when giving evidence unfavourable to the party that called the witness on a matter that the witness can be reasonably supposed to have knowledge of
OR
gives evidence that inconsistent with a statement made by that witness which exhibits an intention to be unhelpful to the party who called the witness
OR
refuses to answer questions or deliberately withhold evidence

Question 30

associated defendant

Answer 30

someone whom a prosecution has been initiated for the same events for an offence