Evidence

Question 1

Evidence

What is evidence?

Answer 1

A whole body of materiasl which a court or tribunal (in crimina cases the Jury or Judge) may take into account in reaching thier decision.

• Evidence may be oral / written / visual.

Question 2

Evidence

3 main rules of evidence?

Answer 2

1: How evidence may be given.
2: Who may give evidence.
3: What type of material may be given in evidence

Question 3

Evidence

Admissible Evidence?

Answer 3

Evidence is admissble if it is legally able to be recieved in court.

Question 4

Evidence.

Fact- finder

Answer 4

Judge or Jury

Question 5

Evidence.

1: Relevance?

2: Fact in issue?

3: Weight of evidence?

4: Probative evidence?

Answer 5

1: Evidence is relevance if it has a tendency to prove or disaprove.

2: Prosecution must prove in order to establish the elements of the offence.

3: The weight of evidence is its value in relation to the facts in issue.

4: Probative evidence is determioned by how strong evidence points to the inference. Assists in proving or disproving issues in a case.

Question 6

Evidence.

1: Prejudicial?

2: Offer Evidence?

3: Give evidence?

Answer 6

1: Be misled by the evidence or use the evidence for an illegitimate purpose.

2: includes calling a witness who gives evidence. Also eliciting evidence by cross examinating.

3: A person recounting facts and opinions.

Question 7

Evidence.

1: Verachity?

2: Propensity?

3: Direct evidence?

4: Circumstantial evidence?

Answer 7

1: Is the disposition of a person to refrain from lying.

2: Is a person’s tendency to act in a particular way or have a particular state of mind.

3: Any evidence by a witness as to a fact in issue which he or she has seen / heard / otherwise experienced.

4: Evidence of circumstances that do not directly prove any fact in issue.

Question 8

Evidence.

Purposes of evidence law?

Answer 8

Purposes.

• Providing for fact to be established.
• Providing rule of evidence.
• Promoting fairness.
• Protecting rights of confidentiality.
• Avoiding unjustifiable expense and delay.
• Enhancing access to the lawof evidence.

Question 9

Evidence.

Section 9 Evidence Act 2006?

Answer 9

Admission by agreement.

Must be agreed by both parties.

Question 10

Evidence.

What is the Woolmington Principle?

Answer 10

Presumpton of evidence.

Question 11

Evidence.

What is S.13 Criminal Disclosure Act 2008?

Answer 11

Full disclosure by the prosecution must be made as soon as practical.