Definitions

Question 1

Evidence

Answer 1

“Evidence” is the term for the whole body of 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 in oral, written or visual form.

Question 2

Admissible evidence

Answer 2

Evidence is admissible if it is legally able to be received by a 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 Facts in issue are those which - The prosecution must…..

• The defence must…..

Answer 4

• 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 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.

The “weight” is the degree of probative force that can be accorded to the evidence.

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 – s96(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 and ways of giving 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. Of note In a proceeding, evidence may be given:

• in the ordinary way either orally in a courtroom or in an affidavit filed in court
• in an alternative way such as by video link
• 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.