Definitions Flashcards
Define evidence
Evidence is the term for the whole body of material which a court or tribunal may take into account in reaching their decision.
May be in written, oral or visual form.
Define admissible evidence
Evidence is admissible if it is legally able to be received by a court.
When is evidence relevant?
Evidence is relevant if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding.
Define facts in issue
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.
Explain weight of evidence
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 given to that evidence.
How can evidence be given in a courtroom?
In a proceeding, evidence may be given:
•in the ordinary way either orally in a courtroom in the presence of a judge/jury, 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
• 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.
•in any other way provided for by the Evidence Act 2006 or any other relevant enactment.
What are some alternative ways of giving evidence?
- in the courtroom but unable to see the defendant
- outside the courtroom
- by video recording made prior to the hearing
- via an audio-visual link
Define statement
This is a spoken, written assertion or non-verbal conduct by a person intended as an assertion of any matter.
Witness
This is a person who gives evidence and is able to be cross-examined in a proceeding.
Define hearsay statement.
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.
Define veracity
This is the disposition of a person to refrain from lying, whether generally or in a proceeding.
Define propensity
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.
Define direct evidence
This is any evidence given by a witness as to a fact in issue that he or she has seen, heard or otherwise experienced (e.g. an eyewitness who states that she saw the defendant stab the complainant with a knife).
Define circumstantial evidence
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).
When do exclusionary rules commonly apply?
These rules exclude evidence usually because it is unreliable, unduly prejudicial, or otherwise unfair to admit it.
When is hearsay evidence admissible?
A hearsay statement is admissible in any proceeding if
- the circumstances relating to the statement provide reasonable assurance that the statement is reliable; and either—
(i) the maker of the statement is unavailable as a witness; or
(ii) the Judge considers that undue expense or delay would be caused if the maker of the statement were required to be a witness.
