Definitions Flashcards
Evidence
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.
Admissible evidence
Evidence that is legally able to be received by a court
Relevance
Evidence that has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding
Facts in issue
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
Exclusionary rules
Rules that exclude evidence usually becuase its unreliable, prejudicial or otherwise unfair to admit it
Weight of evidence
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
Offer evidence
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
Give evidence
3 ways
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
Incriminate
Provide information that is reasonably likely to lead to or increase the likelihood of, the prosecution of a person for a criminal offence
Proceeding
Proceeding conducted by a court and any application go a court connected with a proceeding
Statement
Spoken or written assertion by a person, or non-verbal conduct of a person intended by that person as an assertion of any matter.
Witness
A person who goves evidence and can be cross examined
Hearsay statement
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.
Veracity
The disposition of a person to refrain from lying whether generally or in a proceeding
Direct evidence
Evidence given by a witness as to a fact in issue that he or she has seen, heard or otherwise experienced
Circumstantial evidence
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)
Enforcement agency
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.
Good evidence
facts that prove the charge, facts in issue and the circumstantial evidence
Beyond reasonable doubt
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
Balance of probabilities
when defence must prove a particular element (eg insanity) it must show that it is more probable than not
propensity
a tendency to act in a particular way
opinion
a statement of opinion that tends to prove or disprove a fact
expert
person with specialised knowledge / skill based on training, study or experience
privilege
a right to refuse to disclose or to prevent disclosure of what would otherwise be admissible
likely
real, appreciable, more merely imaginary / fanciful
informers
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
corroboration
independent evidence that tends to confirm/support other evidential facts and implicates the defendant
leading question
a question that directly or indirectly suggests a particular answer to the question
hostile witness
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
associated defendant
someone whom a prosecution has been initiated for the same events for an offence
