Evidence

Question 1

Relevant evidence in basic terminology regarding evidence means what?

Answer 1

It has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding

Question 2

Admissible evidence - evidence is admissible if it is what ? “……. By the court “

Answer 2

Legally able to be received by the court

Question 3

What are ‘Facts in issue’?

Answer 3

Facts that must be proved to establish elements of the offence (or defence if trying to succeed with a burden of proof defence)

Question 4

‘What is it meant by ‘Weight’ of evidence?

Answer 4

It’s value in relation to the facts (degree of probative value that can be accorded to the evidence)

Question 5

When it comes to giving evidence in court what is the age of a child?

Answer 5

Under 18 when proceeding commences (when charging document is filed)

Question 6

If a witness is 12 or older do they take oath or affirmation?

Answer 6

Yes

Question 7

If a witness is under 12 do they give an ‘oath or affirmation ‘ in court before giving evidence?

Answer 7

No they are informed by judge of the importance of telling the truth and not telling lies and then must make a promise to tell the truth.

Question 8

What is a hostile witness? (3 parts)

Answer 8

• lies
• gives inconsistent (with previous statements) that appears to be intended to be unhelpful
• refuses to answer questions or deliberately with holds evidence

Question 9

What is an ‘associated defendant’? (Evidence)

Answer 9

Is someone against whom a prosecution has been initiated for an offence arising out of the same events ass the offence for which the defendant is being tried.

Question 10

What are the two classes of character evidence?

Answer 10

Veracity
Propensity

Question 11

Propensity

Answer 11

Propensity evidence is evidence e the tends to show a persons propensity to act in a certain way or have a particular state of mind, being evidence of acts, omissions, events, or circumstances with which a person is involved

Question 12

What is a hearsay statement defined as ?

Answer 12

A statement that was made by a person other than a witness and is offered in evidence at the proceeding to prove the truth of its contents.

Question 13

What is definition of an ‘unavailable’ witness?

Answer 13

Dead
Outside no and not practical to appear
Unfit due to age, mental or physical disability
Cannot ID or find
Not compellable

Question 14

What is a ‘business record’?

Answer 14

A record that is made to comply with a duty in the course of the business - a record of that business.
And
Is made from information supplied directly (or indirectly) by a person with personal knowledge of the matters dealt with in the information supplied

Question 15

What are the ‘good reasons’ for a formal ID to not be done?

Answer 15

Suspect refusal to participate
Singular in appearance
Change of appearance
No anticipation that ID would be an issue
ID made shortly after offence (not formal)
Chance meeting