Definitions

Question 1

Evidence

Answer 1

The whole body of material which a court or tribunal 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 tenancy to prove or disprove anything that is of consequence to the determination of a proceeding.

Question 4

FACT 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 defense in respect of which he or she carries the burden of proof

Question 5

STATEMENT

Answer 5

A spoken or written assertion by a person of any manner, or non-verbal conduct of a person intended by that person as an assertion of any manner.

Question 6

WITNESS

Answer 6

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

Includes a person who is actively engaged in the process of giving evidence and may also include a person who has previously given evidence in the proceeding.

Question 7

HEARSAY STATEMENT

Answer 7

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.

Out-of-court statements made by a witness are not excluded by the hearsay rule because the maker is available to be cross-examined. May still be excluded by a different rule.

Question 8

VERACITY

Answer 8

The disposition of a person to refrain from lying whether generally or in a proceeding.

Question 9

PROPENSITY

Answer 9

Propensity evidence is evidence about a person’s propensity to act in a particular way or have a particular state of mind.

Includes evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved.

Question 10

CIRCUMSTANTIAL EVIDENCE

Answer 10

Evidence of circumstances that do not directly prove any fact in issue but which allows inferences about the existence of those facts to be drawn.

Question 11

DIRECT EVIDENCE

Answer 11

Any evidence given by a witness as to a fact in issue that he or she has seen, heard or otherwise experienced.

Question 12

Weight of evidence

Answer 12

The ‘weight’ of evidence is its value in relation to the facts in issue.

The ‘weight’ is the degree of probative force that can be accorded to the evidence.

Question 13

Weight of evidence - factors

Answer 13

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

Question 14

Giving evidence

Answer 14

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

Question 15

Incriminate

Answer 15

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 16

Enforcement agency

Answer 16

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.