Definitions

Question 1

Evidence

Answer 1

Evidence is the term for 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

Direct evidence

Answer 2

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

Question 3

Facts in issue

Answer 3

Facts in issue are those which:
- The 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

Veracity

Answer 4

Veracity is the disposition of a person to refrain from lying, generally or in the proceeding.

Question 5

Propensity

Answer 5

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 6

Witness

Answer 6

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

Question 7

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

Circumstantial evidence

Answer 8

Circumstantial evidence is evidence of circumstances that do not directly prove any fact in issue, but which allows interference’s about the existence of those facts to be drawn.

Question 9

Statement

Answer 9

A statement is a spoken or written assertion by a person or non-verbal conduct by a person intended by that person as an assertion.

Question 10

Hearsay Statement

Answer 10

A hearsay 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 11

Corroboration

Answer 11

Corroboration is 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 12

In a proceeding, evidence may be given in a number of ways, list and describe two of these

Answer 12

Ordinary way - Orally in a courtroom in the presence of a judge and the parties
Alternative way - In the courtroom but unable to see the defendant of other person or outside the courtroom by video
Any other way - Provided for by the Evidence Act 2006 or any other relevant enactment

Question 13

The “weight” of evidence is its value in relation to the facts in issue. The value will depend on a wide range of factors, such as:

Answer 13

• 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