Elements of Evidence

Question 1

What is S6 Evidence Act 2006 the PURPOSE of evidence law.

Answer 1

The purpose of this Act is to help secure the just determination of proceedings by—
(a) providing for facts to be established by the application of logical rules; and
(b) providing rules of evidence that recognise the importance of the rights affirmed by the New Zealand Bill of Rights Act 1990; and
(c) promoting fairness to parties and witnesses; and
(d) protecting rights of confidentiality and other important public interests; and
(e) avoiding unjustifiable expense and delay; and
(f) enhancing access to the law of evidence.

Question 2

Define Facts that prove the charge

Answer 2

The facts must prove the elements of the charge, and the evidence should be made up of facts that prove that charge. The charge and elements should be BORNE in mind when deciding what evidence is relevant and what evidence will help prove the case.

Question 3

Define Facts in Issue

Answer 3

The facts in issue are the facts which in law need to be proven to succeed with the case. In criminal cases, the facts in issue are usually those which are alleged by the charging document and denied by a plea of not guilty.
Facts relevant to the facts in issue tend to prove or disprove a fact in issue. Think Jigsaw puzzle to piece together to prove facts in issue.

Question 4

Define Circumstantial evidence.

Answer 4

Circumstantial evidence is a fact from which the judge or jury may infer the existence of a fact in issue. It offers indirect proof of a fact in issue. As more circumstances lead to the inference, the chain of circumstantial evidence becomes stronger, to the point where the pieces of circumstantial evidence, viewed as a whole, are sufficient to prove guilt.