Definitions

Question 1

Define Evidence

Answer 1

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

Question 2

Define Direct Evidence

Answer 2

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

Question 3

Define Facts in Issue

Answer 3

Facts in issue are those which:
- 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 4

Define Veracity

Answer 4

The deposition of a person to refrain from lying, generally or in the proceeding.

Question 5

Define Propensity

Answer 5

Evidence about a person’s propensity to act in a particular way or have a particular state of mind. Includes evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved.

Question 6

Define Witness

Answer 6

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

Question 7

Define Relevance

Answer 7

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

Question 8

Define Circumstantial Evidence

Answer 8

Evidence of circumstances that do not directly prove any fact in issue, but which allows inferences about the existence of those facts to be drawn.

Question 9

Circumstantial Evidence has been defined as

Answer 9

A fact that by inference can prove another fact in issue.

Question 10

Define Statement

Answer 10

Spoken or written assertion by a person or non-verbal conduct by a person intended by that person as an assertion of any matter.

Question 11

Define Hearsay Statement

Answer 11

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

Question 12

Define Corroboration

Answer 12

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

Question 13

Ways of giving evidence in a proceeding

Answer 13

1 - Ordinary way - either orally in a courtroom in the presence of a Judge and the parties, or in an affidavit filed in court or by reading a written statement in a courtroom if both prosecution and defence consent, the statement is admissible, and it is the person statement of the deponent maker.

2 - Alternative way - In the courtroom but unable to see the defendant or other person; outside the courtroom or by video recording made before the hearing.

3 - Any other way - Provided for by the Evidence Act 2006 or any other relevant enactment.

Question 14

The value of “weight of evidence” will depend on a wide range of factors such as:

Answer 14

1 - The extent to which, if accepted, it is directly relevant to or conclusive of, those facts

2 - The extent to which it is supported or contradicted by other evidence produced

3 - The veracity of the witness