DEFINITIONS

Question 1

Define - Evidence?

Answer 1

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

Question 2

Define - Admissible Evidence?

Answer 2

Evidence is admissible if it is legally able to be received by the Court.

Question 3

Define - Relevance?

Answer 3

If it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding.

Question 4

Define - Facts in Issue?

Answer 4

• Prosecution must prove to establish the elements of the offence.
• Defendant must prove to succeed with a defence, in respect of which he or she carries the burden of proof.

Question 5

Define - Facts that prove the Charge?

Answer 5

The facts must prove the elements of the charge and the evidence should be made up of the facts to prove that charge.
In each case, the actual charge and the elements of it should be borne in mind when deciding what evidence is relevant and what evidence will help prove the guilt of the person charged.

Question 6

***The “weight” of evidence is its value in relation to the facts in issue. The value will depend on a wide range of factors (define - weight of evidence)

List 2 of these factors?

Answer 6

• Extent to which, if accepted, it is directly relevant to or conclusive of, those facts
• Extent to which it is supported or contradicted by other evidence produced
• Veracity of the witness

Question 7

In a proceeding, evidence maybe given in a number of ways.
List and describe two of these?

Define - Give Evidence?

Answer 7

Evidence may be given:
- ‘Ordinary way’
Orally, affidavit

• ‘Alternative way’
  Screen in Court
  From outside court - CCTV / AVL
  Video recording made before the hearing
• ‘In any other way’ provided in the Evidence Act 2006 or any other enactment.

Question 8

Define - Witness?

Answer 8

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

Question 9

Define - Hearsay Statement?

Answer 9

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.

Question 10

Define - Veracity?

Answer 10

Disposition of a person to refrain from lying, whether generally or in a proceeding.

Question 11

Define - Propensity?

Answer 11

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.

Question 12

Define - Direct Evidence?

Answer 12

Evidence given by a witness as to a fact in issue that he or she has seen, heard or otherwise experienced (e.g. eyewitness that says they saw the defendant stab the complainant).

Question 13

Define - Circumstantial Evidence?

Answer 13

Evidence of circumstances that do not directly prove any fact in issue, but which allow inferences about the existence of those facts to be drawn (e.g the defendant was seen in the vicinity of the crime).

Question 14

Define - Woolmington Principal - Presumption of Innocence?

Answer 14

This principle establishes that, subject to specific statutory exceptions, the burden of proof lies clearly with the prosecution in relation to all the elements of the offence.

Question 15

***For a defendant to be found guilty of an offence, the court must be satisfied beyond reasonable doubt that they committed it.

What did the court in R v Wanhalla – suggest the Jury be told about “Beyond Reasonable doubt”?

Answer 15

“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 the evidence.”

The crown must prove the accused is guilty beyond reasonable doubt.

Question 16

Define - Balance of Probabilities?

Answer 16

Where the defence is required to prove a particular element, such as insanity, on the balance of probabilities it must simply show that it is more probable than not.

Question 17

***Define - Hearing of Chambers and when it would be used?

Answer 17

Section 15 of Evidence Act 2006 determines evidence given by a witness to prove the facts necessary for deciding whether some other evidence should be admitted in the proceeding.

In this case, the jury is excluded from the courtroom for the duration of the admissibility hearing. Facts determined at a hearing in chambers are sometimes referred to as ‘preliminary facts’ or ‘preliminary hearing’.