Definitions 2 Flashcards
Proceeding
This means 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.
Hearsay Statement
This is a 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.
This definition means that out-of-court statements made by a “witness” are NOT excluded by the hearsay rule because the maker is available to be cross-examined.
Such statements may still be excluded by a different rule. A statement offered for some purpose other than proving the truth of its contents, for example merely to show that the statement was made or uttered, is not a hearsay statement.
Veracity
The disposition of a person to refrain from lying, whether generally or in a proceeding.
Propensity
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.
Direct evidence
This is any evidence given by a witness as to a fact in issue that he/she has seen, heard or otherwise experienced (e.g. an eyewitness who states that she saw the defendant stab the complainant with a knife).
Circumstantial evidence
This is 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 scene of the crime).
Enforcement agency
Refers to NZ Police or any body or organisation that has a statutory responsibility for the enforcement of an enactment, including the NZ Customs Service, Ministry of Fisheries and IRD.
