Definitions

Question 1

Evidence *

Answer 1

Evidence is the term for the whole body of material which a court or tribunal (In criminal cases the judge or jury) may take into account when 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 the 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) Evidence Act 2006)

Question 4

Facts 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 defence in respect of which she or he carries the burden of proof.

Question 5

Exclusionary rules

Answer 5

These are the 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 the 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

Incriminate

Answer 7

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 8

Proceeding

Answer 8

This means a proceeding by a court, and any application to a court connected with a proceeding

Question 9

Statement *

Answer 9

This is a spoken or written assertion by a person, or non-verbal conduct of a person intended by that person as an assertion of any matter.

Question 10

Witness *

Answer 10

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

Question 11

Veracity *

Answer 11

This is the disposition of a person to refrain from lying, whether generally or in a proceeding

Question 12

Propensity *

Answer 12

Propensity evidence is evidence about a person’s propensity to act in a particular way or to 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 13

Direct evidence *

Answer 13

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

(eg an eye witness who states that she saw the defendant stab the victim with a knife).

Question 14

Circumstantial evidence *

Answer 14

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

(eg the defendant was seen in the vicinity of the scene of the crime).

Question 15

Enforcement agency

Answer 15

This refers to 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 if Fisheries and the Inland Revenue Department.

Question 16

Hearsay evidence

Answer 16

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 it’s contents.

Question 17

Give evidence - 3 ways *

Answer 17

In a proceeding, evidence may be given:

• THE ORDINARY WAY:
  Either orally in a courtroom in the presence of a judge (and jury), parties to a 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, if the statement is deemed admissible, and is the statement of the maker.
• IN AN ALTERNATIVE WAY
  In a courtroom but unable to see the defendant or other person; outside the courtroom; or by video recording made before the hearing (or audio visual link to the courtroom)
• IN ANY OTHER WAY:
  In any other way provided for the evidence act 2006 or any other relevant enactment.

Question 18

Hearsay statement *

Answer 18

This is a statement that was made by a person other than the witness, and is offered in evidence in the proceeding to prove the truth of it’s contents.