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
(KNOW THIS)

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

(OF NOTE) For example, in many cases there are no witnesses to give direct evidence of a crime (or the facts in issue). However, physical evidence may be located during a search, or witnesses may be found who can each supply a piece of evidence, which, when put together like a jigsaw, provide a picture of what happened. These are facts relevant to the facts in issue.

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

Question 9

Witness

Answer 9

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

Question 10

Propensity

Answer 10

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 11

The “weight” of evidence

Answer 11

The “weight” of evidence is its value in relation to the facts in issue. The value will depend on a wide range of 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.