Definitions

Question 1

Def. Evidence

Answer 1

Whole body of material which a court or tribunal (i.e. in criminal cases the judge or jury) may take into account in reaching their decision.

Evidence may be oral, written or visual form.

Question 2

Facts In Issue

Answer 2

• the prosecution must prove to establish the elements of the offence or,
• the defendant must prove to succeed with a defence, in which he carries the burden of proof.

Question 3

Weight of Evidence

Answer 3

The “weight” of evidence is its value in relation to the facts in issue.
The value will depend on factors such as:
- it is directly relevant to or conclusive of those facts
- it is supported or contradicted by other evidence
- the veracity of the witness

Question 4

Relevance - S7(3) of the Evidence Act 2006

Answer 4

Evidence is relevant “if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding”

Question 5

Give Evidence (3 ways)

Answer 5

Ordinary way - orally or reading a written statement in a courtroom, affidavit filed in court.

Alternative way - courtroom but unable to see the defendant, video recording made before the hearing, audio or visual communication (AVL) when not present.

In any other way - provided for by the Evidence Act 2006 or any other relevant enactment.

Question 6

Incriminate

Answer 6

To provide information likely to lead to the prosecution of a person for a criminal offence.

Question 7

Statement

Answer 7

A spoken or written assertion by a person of any matter

Question 8

Witness

Answer 8

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

Question 9

Hearsay Evidence

Answer 9

A statement
a) made by a person other than a witness and
b) is offered in evidence to prove the truth of its contents.

Question 10

Veracity

Answer 10

The disposition of a person to refrain from lying.

Question 11

Propensity Evidence

Answer 11

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 which the person is alleged to have been involved

Question 12

Direct Evidence

Answer 12

Facts in issue that was seen, heard, or otherwise experienced (eye-witness)

Question 13

Circumstantial Evidence

Answer 13

Do not prove any fact in issues but allows inferences about the existence of those facts (e.g. seen in the vicinity of the crime)

Question 14

Expert Def.

Answer 14

A person who has specialized knowledge or skill based on training, study or experience.

Question 15

Purpose of ‘Evidence in Chief’

Answer 15

To elicit testimony that supports the case of the party calling the witness.

Question 16

Rebuttall evidence- 4x occassions

Answer 16

1. Relates to a purely formal matter
2. Matter arising out of the conduct of the defence, relevance could not reasonably be foreseen
3. Not available or admissible before prosecutions case was closed.
4. Is required to be admitted in the interest of justice.

Question 17

Corroboration Def.

Answer 17

Independent evidence that tends to confirm or support some fact of which other evidence is given and implicates the defendant.