Definitions

Question 1

What

is definition for Evidence

Answer 1

Evidence is a term for the whole body or material which a Court or tribunal - ie: in criminal cases the Judge or jury - may take into account in reaching their decision.

Evidence may be oral, or written or visual form.

Question 2

Admissible evidence?

Answer 2

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

Question 3

Relevance?

Answer 3

Evidence is relevant if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding s7(3) of the Evidence Act 2006)

Question 4

Facts in Issue?

Answer 4

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 5

Exclusionary Rules?

Answer 5

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

Question 6

Weight of Evidence

Answer 6

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

• 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 7

Offer evidence

Answer 7

Evidence must be elicited before it is “offered”. Merely putting a proposition to a witness is not offering evidence; it becomes so when the witness accepts the proposition - s 96(1) of the Evidence Act 2006. Offering
evidence in the Evidence Act 2006 includes eliciting evidence by cross-examination of a witness called by another party.

Question 8

Give evidence?

Answer 8

Giving evidence is included in offering evidence a witness “gives” evidence a party “offers” evidence. A party who testifies both gives and offers evidence.

In proceeding, evidence may be given:

• in the ordinary way either orally in a courtroom in the presence of a judge, parties to the proceeding, counsel, and members of the public allowed by the judge; or in an affidavit filed in court or by reading a written statement in a courtroom, if both prosecution an defence consent, the statement is admissible, and it is the personal statement of the deponent of maker.
• in an alternative way - in the courtroom but unable to see the defendant or other person; outside the Courtroom; or by video recording made before the hearing. The Courts (remove Participation) Act 2010 provides for audio and visual communication between participants (by audio-visual link) when some or all of them are not physically present at the place of hearing for all part of the proceeding. The criteria under that Act does not limit the operation of section 103-106 of the Evidence Act 2006, which provides for applications and direction regarding alternative ways of giving evidence;
• In any other way provided for by the Evidence Act 2006 or any other relevant enactment.

Question 9

Incriminate?

Answer 9

To incriminate is to provide information that is reasonably likely to lead to, or increase the likelihood of the prosecution of a person for a criminal offence.

Question 10

Proceeding?

Answer 10

This means a proceeding conducted by a court, and any application to a court connected with a proceeding.

Question 11

Statement?

Answer 11

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 12

Witness?

Answer 12

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

Question 13

Hearsay statement

Answer 13

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 statement 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.

Question 14

Veracity?

Answer 14

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

Question 15

Propensity?

Answer 15

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 16

Direct Evidence

Answer 16

This is any evidence given by a witness as to a fact in issue that he or she has seen, heard or otherwise experienced (eg an eyewitness who states that she saw the defendant stab the complainant with a knife)

Question 17

Circumstantial evidence?

Answer 17

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. )

Question 18

Enforcement agency?

Answer 18

This refers to the New Zealand Police or any body or organisation that has a statutory responsibility for the enforcement of an enactment, including the New Zealand Customs Service, the Ministry of Fisheries and the Inland Revenue Department.