Definitions Flashcards
Evidence
The term for 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 is admissible if it is legally able to be received by the court.
Relevance
Evidence is relevant “if it has a tendency to prove or disprove anything that is of consequence to the determination of the proceedings”
S7(3) Evidence Act 2006
Facts In Issue
Facts in issue are those that:
The prosecution must prove to establish the elements of the offence.
The defendant must prove in order to succeed with a defense, in respect of which he carries the burden of proof.
Exclusionary Rules
These are rules that exclude evidence (usually because it is unreliable, unduly prejudicial or otherwise unfair to admit it.
Weight of Evidence
The “weight” of evidence is it’s value in relation to the facts in issue. The value will depend on 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.
The “weight” is the degree of probative force that can be accorded to the evidence.
Offer Evidence
Evidence must be elicited before it is offered. Putting a proposition to a witness is not offering evidence, it becomes so when the witness accepts the proposition -S96(1) EA
This includes eliciting evidence by cross examination of a witness called by another party.
Give Evidence
In The Ordinary Way - either orally in a courtroom, 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 personal statement of the deponent or maker.
In An Alternative Way - in the court rooms but unable to see the defendant or other person, or by video recording made before the hearing. Courts (remote participation) Act provides for audio and visual communication between participants, when some or all are not physically present.
In any other way provided for by the evidence act.
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
A proceeding conducted by a court, and any application to a court connected with a proceeding.
Statement
A 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 gives evidence and is able to be cross examined in a proceeding.
Veracity
The disposition of a person to refrain from lying, whether generally or in a proceeding.
Propensity Evidence
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.
Direct Evidence
Any evidence given by a witness as to a fact in issue that he or she has seen, heard or otherwise experienced. Eg an eye witness
Circumstantial Evidence
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, eg defendant seen in vicinity of crime
Hearsay Evidence
A statement made by a person other than a witness, and is offered in evidence to prove the truth of it’s contents.
Enforcement Agency
The NZ Police or other body or organisation that has a statutory responsibility for the enforcement of an enactment, including customs service, Fisheries, IRD
