Definitions

Question 1

Evidence

Answer 1

Is the whole body of material which a court may take into account.

Evidence may be oral, written or visual.

Question 2

Admissible evidence

Answer 2

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

Question 3

Facts in issue

Are those which

Answer 3

• 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

Statement

Answer 4

A spoken or written assertion by a person or nonverbal conduct intended as an assertion of any matter

Question 5

Hearsay statement

Answer 5

A statement that was made by a person other than a witness offered an evidence to prove the truth of its contents

Question 6

Veracity

Answer 6

The disposition of a person to refrain from lying

Question 7

Direct evidence

Answer 7

Evidence given by a witness as to a fact in issue that he or she has seen, heard or experienced

Question 8

Circumstantial evidence

Answer 8

Evidence of circumstances that do not directly prove any fact in issue but allow inferences about the existence of those facts