Evidence

Question 1

What are the three rules to determine if evidence is hearsay?

Answer 1

1) Was it an out of court statement?

2) Is it being said in court by a person who was not the original speaker?

3) Is it being tendered to the court to prove the truth of what is contained in the statement? Is the purpose of the evidence to prove the contents of the statement?

Question 2

What is evidence of a “lay opinion”

Answer 2

evidence that is permitted if it is relevant and based on what the person saw, heard or perceived.

Question 3

What is “specialised knowledge”

Answer 3

Knowledge based on training, study or experience.

Question 4

What is direct evidence?

Answer 4

A testimony of a witness that they perceived a fact in issue with one of their 5 senses.

Question 5

What is circumstantial evidence?

Answer 5

Providing evidence of a related fact or facts - indirect or presumptive evidence of a particular fact

Question 6

What is relevance?

Answer 6

The primary rule of admissibility being a minimal logical connection between the evidence presented and the fact in issue.

• primary inclusionary rule

Question 7

What is evidence?

Answer 7

Consists of facts, testimony, documents and physical exhibits which may legally be admitted in order to prove or disprove the matter under enquiry

Question 8

What is fact in issue

Answer 8

when a fact in a case is not agreed by the prosecution or the defence.

Question 9

What are the two rules designed to include or exclude evidence?

Answer 9

1. Inclusionary
2. Exclusionary

Question 10

What are the exclusionary rules?

Answer 10

Hearsay
Opinion
Character
Discretion to exclusion
Evidence

Question 11

What are the two common exceptions to Opinion Rule?

Answer 11

1. Lay opinion
2. Specialised knowledge

Question 12

What is the character rule

Answer 12

Evidence, tending to show that an accused has bad character, cannot be given unless it relates to points of proof

Question 13

When is the character rule allowed in court?

Answer 13

If the bad character is one of the points of proof for the charge

Question 14

What are the exceptions to hearsay (5)

Answer 14

• Admissions & confessions
• Confessions made through and interpreter
• evidence given at coroners court
• protection applications
• dying declarations
• evidence of recent complaint (sex offences only)

Question 15

What offence is a common law offence

Answer 15

Indictable offence

Question 16

What are the three stages of arrest

Answer 16

1) preliminary stages
2) execution stage
3) security stage