Definitions Flashcards
Define evidence
whole body of material which a court may take into account in reaching their decision.
oral, written or visual form.
Define ‘admissible evidence’
legally able to be received by a court.
Define ‘relevance’
“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.
*Define ‘exclusionary rules’
These are rules that exclude evidence
Define ‘weight of evidence’
value in relation to the facts in issue.
the degree of probative force that can be accorded to the evidence.
Define ‘offer evidence’
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.
Define ‘give evidence’
“Giving evidence” is included in “offering evidence”: a witness “gives evidence”; a party “offers evidence”. A party who testifies both gives and offers evidence. In a proceeding, evidence may be given: • in the ordinary way • in an alternative way • in any other way
Define ‘incriminate’
provide information that is reasonably likely to lead to, or increase the likelihood of, the prosecution of a person for a criminal offence.
Define ‘proceeding’
This means a proceeding conducted by a court, and any application to a court connected with a proceeding.
Define ‘statement’
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.
Define ‘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. This definition means that out-of-court statements made by a “witness” are not excluded by the hearsay rule because the maker is available to be cross-examined. Such statements may still be excluded by a different rule. A statement offered for some purpose other than proving the truth of its contents, for example merely to show that the statement was made or uttered, is not a hearsay statement.
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.
