Definitions

Question 1

Evidence

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Answer 1

The whole body of material which a court/tribunal may take into account in reaching their decision.

Question 2

Admissible Evidence

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Answer 2

Evidence is admissible if it is legally able to be received by a court

Question 3

Facts in issue

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Answer 3

Facts in issue are those which:

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

Question 4

Giving evidence

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Answer 4

In a proceeding, evidence may be given:

• in the ordinary way -either orally in a courtroom in the presence of a judge or (j&j)
• in an alternative way - in the courtroom buy unable to see the defendant, outside the courtroom, or by video recording made before the hearing. The Courts Act 2010 provides for audio and visual communication between participants - (link)
• in any other way provided for by the Evidence Act 2006 or any other enactment

Question 5

Statement

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Answer 5

This is 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

Question 6

Witness

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Answer 6

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

Question 7

*Veracity

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Answer 7

This is the disposition of a person to refrain from lying, whether generally or in a proceeding

Question 8

*Propensity

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Answer 8

Propensity evidence is evidence about a person’s propensity to act in a particular way or have a particular state of min, and includes evidence of acts, omissions, events or circumstances that a person is alleged to have been involved

Question 9

*Exclusionary Evidence

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Answer 9

These are rules that exclude evidence (usually because it is unreliable, unduly prejudicial or otherwise unfair to admit it)

Question 10

*Weight of evidence

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Answer 10

The weight of evidence is its value in relation to the facts in issue: Depends on such things 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

Question 11

*Hearsay statement

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Answer 11

A statement made by a person other than the witness

Question 12

*Circumstantial Evidence

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Answer 12

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