Evidence

Question 1

Evidence

Answer 1

the whole body of material which a court or tribunal may take into account in reaching their decision.

may be oral, written or visual

Question 2

Admissable Evidence

Answer 2

Evidence that is legally able to be recieved by a court

Question 3

Relevance

Answer 3

Evidence is relevant ‘ if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding’ (s7(3) evidence act 2006)

Question 4

Facts in issue

Answer 4

those which

• prosecution must prove to establish the elements of the offence

-the defendant must prove to succed with a defence, in respect of which they carry the burden of proof

Question 5

Exclusionary rules

Answer 5

• rules that exclude evidence
• usually because it is unreliable, unduly prejudicial or otherwise unfair to admit it

Question 6

weight of evidence

Answer 6

the ‘weight’ of evidence is its value in relation to the facts of issue.

depend on factors such as

• the extent to which it is directly relevant to or conclusive of those facts
• the extent to which it is supported or contradicted by other evidence
• the veracity of the witness