Evidence - Definitions Flashcards
What is evidence
The whole body of material which a court or tribunal may take into account in reaching their decision.
What is admissible evidence?
Evidence is admissible if it is legally able to be received by the Court.
What does relevance mean?
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) EA)
What are the facts in issue?
Those which the Prosecutions must prove to establish the elements of the offence.
Those which the defendant must prove to succeed with a defense in respect of which he carries the burden of proof.
What are the exclusionary rules?
Rules that exclude the evidence - usually because it is unreliable, unduly prejudicial or otherwise unfair to admit it.
What does incriminate mean?
To incriminate is to provide information that is reasonably likely to lead to OR increase the likelihood of the prosecution of a person for a criminal offense.
What is the weight of evidence?
The weight of evidence is its value in relation to the facts in issue.
The value depends on:
- the extent to which, if accepted it is directly relevant to or conclusive of those facts.
- the extent to which it is supported or contradicted by other evidence produced.
- the veracity of the witness.
The weight is the amount of probative force that can be afforded to the evidence.
What does offer evidence mean?
Evidence must be elicited before it is offered. Merely putting a proposition to a witness is not offering evidence.
How is evidence given in a proceeding?
In the ordinary way - orally in a Courtroom in the presence of a judge.
In an alternative way -
In the Courtroom but screened.
By video recording made before the trial.
What is an enforcement agency?
NZ Police or any body or organization that has a statutory responsibility for the enforcement of any enactment.
What is a proceeding?
A proceeding conducted by a Court and any application to a Court connected with a proceeding.
What is a statement?
A spoken or written assertion by a person or non-verbal conduct of a person intended by that person as an assertion of any matter.
What is a witness?
A person who gives evidence and is able to be cross examined in a proceeding?
What is veracity?
The disposition of a person to refrain from lying whether generally or in a proceeding.
What is hearsay evidence?
A statement made by a person other than a witness and is offered in evidence in the proceeding to prove the truth of its content.
