Evidence Flashcards
Evidence
the whole body of material which a court or tribunal may take into account in reaching their decision
Relevance
s7(3) Evidence Act 2006
evidence is relevant “if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding”
Admissable Evidence
Evidence that is legally able to be recieved by a court
Facts in issue
Facts the
-prosecution must prove to establish the elements of the offence,
or
-defendant must prove to succeed with a defence, in respect of which he or she carries the burden of proof
weight of evidence
Value in relation to the facts in issue
depends on factors such as
- extent to which it is directly relevant to facts
- extent to which its supported o contradicted by other evidence
-the veracity of the witness
Offer Evidence
Evidence must be elicted before its offered.
witness must accept proposition s96(1)
3 ways of giving evidence
- in ordinary way (orally in court room, affadavit, reading statement)
- in alternative way - video recording, AVL
- in any other way - provided for by evidence act 2006
incriminate
to provide information to increase likrlihood of prosecution for a criminal offence
statement
a spoken or written assertion by a person
Give evidence
a party who testifies both gives and offers evidence
R v Wanhalla
Beyond Reasonable Doubt
Start point - presumption of innocence
crown must make you sure that the accused is guilty before conviction
woolmington v DDP
it was held that the prosecution had to prove prisoners guilt, subject to defence of insanity and subject to any statutory exception. The burden of proof lies clearly with prosecution in relation to all elements of offence
woolmington principle
the burden of proof lies clearly with the prosecuton in relation to all elements of the offence
exceptions to woolmington
- defence of insanity
- specific statutory exceptions
- offence is a public welfare regulatory offence
practical obligation on defence
if prosecution prove facts which conclude the defendant committed act ( incl) mens rea the defendant has to provide story/evidence conclusion is wrong
veracity
disposition of a person to refrain from lying
purpose of evidence law
help secure the just determination of proceedings
Six objectives S6
- providing for facts to be established by the application of logical rules
- rules of evidence that support bill of rights
-promote fairness to parties and witnesses - protect confidentiality snd other public interests
- avoid unjustifiable expense/delay
-enhance access to the law of evidence
R v Barlien
- s6 sffect decisions re evidence
“this cannot override explicit exclusionary wording in the act itself”
Balance of probabilities
must carry a reasonable degree of probability
think it more probable than not
circumstantial evidence
is a fact from which judge/jury may infer the existence of a fact in issue
offers indirect proof of a fact in issue
General rule of evidence
all facts in issue and facts relevant to the issue must be proved
propensity
persons tendancy to act in a certain way or have a particular state of mind
