Evidence Flashcards
Define evidence
Evidence is the term for the whole body of material which a court or tribunal may take into account in reaching their decision, evidence may be oral, written or visual
Define facts in issue
Facts in issue are those which
i. Prosecution must prove to establish the elements of the offence
ii. The defendant must prove to succeed with a defence l, in respect of which they carry the burden of proof
Define veracity
The disposition of a person to refrain from lying, generally or in the proceeding
Define witness
This is a person who gives evidence and is able to be cross examined in a proceeding
Define Relevance
Evidence is relevant if it has the tendency to prove or disprove anything that is of consequence in the determination of a proceeding
Evidence may be given in a number of ways list examples
Ordinary way - either orally in the courtroom in the presence of a judge
Alternative way - in courtroom but unable to see defendant or other person, outside the courtroom or by video recoding made before hearing
Any other way- provided for by evidence act 2006 or any other enactment
List two ways of alternative ways of giving evidence
In courtroom but unable to see the defendant
By video recording made before the hearing
Define statement
This is spoken or written assertion by a person or non verbal conduct by a person intended by that person as an assertion of any matter
Define direct evidence
This is any evidence given by a person as to the fact in issue that he or she has witnessed by seeing, hearing, or otherwise experienced
Define circumstantial evidence
This is evidence of circumstances that do not directly prove any facts in issue but which allow an inference about the existence of those facts to be drawn
Explain weight of evidence
The weight of evidence is it’s value in relation to the facts of issue the value will depend on a wide range of factors such as
A) the extent to which, if accepted it is directly relevant to or conclusive of the facts
B) the extent to which if supported or contradicted by other evidence produced
C) the veracity of the witness
What are two ways in which unfairness arises and may result in the exclusion of evidence
Have an unfairly prejudicial effect on proceedings
Needlessly prolong the proceeding
What did Woolmington v DPP establish
The burden of proof clearly lies with the prosecution to prove all elements of the offence
Fundamental principle in criminal law is the presumption of innocence and the burden of proof lies with the prosecution, explain butane of proof and the balance of probabilities
A) beyond reasonable doubt is the standard of proof, the jury needs to be satisfied of guilt before a conviction can be obtained
B) balance of probabilities is the standard of proof required for defence to prove a particular element in the case, requires a reasonable standard of proof but not so high as beyond reasonable doubt
R v Wanhalla a jury is told that reasonable doubt is
An honest and reasonable uncertainty in your mind about the guilt of the defendant after you have given careful consideration to all the evidence
What is the purpose of evidence Law and give 4 examples
The purpose of the act is to help secure just determination of proceedings by
Enhancing access to the law of evidence
Avoiding unjustified expense and delay
Protecting the rights of confidentiality and other important public interests
Promoting fairness to witnesses and parties
Providing rules that recognise the importance of the rights affirmed by the NZBOR 1990
What are the presumptions of law and give an example
Presumptions of law are inferences that have been expressly drawn by law from particular facts, may be either conclusive or rebuttable
Eg a child under 10 is unable to be convicted
What are presumption of facts
Presumption of facts are those that the mind naturally and logically draws from the given facts. They are logical inferences, and so are always rebuttable
A general rule of evidence is that all facts in issue and facts relevant to the issue must be proved by evidence
Name two exceptions
Exceptions are when no evidence needs to be given because of
Judicial notice
Facts are formally admitted
Explain the concept of judicial notice Section 128 and section 129
When a court takes judicial notice as fact it declares that it will find that the fact exists or will direct the jury to do so even though no evidence has been established the fact exists
Eg the if the date of Christmas were an issue
In deciding wether evidence is admissible the courts have reference to certain principles to determine admissibility what are four of these principles of admissibility
Reliability
Relevance
Unfairness
Public interest
When might relevant evidence not be admissible
It is inadmissible under this act or any other act
Excluded under this act or any other act
Explain the term relevance
Evidence is relevant if it has the tendency to prove or disprove anything that is of consequence to the determination of the proceeding
When might relevant evidence be excluded for unfairness
Evidence may be excluded if it would result in some unfair prejudice in the proceeding
Evidence may be excluded if it is obtained by unfair or improper means