Questions

Question 1

Define evidence

Answer 1

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

Can be oral written or visual form

Question 2

Define admissibility evidence

Answer 2

Evidence is admissible if it is legally able to be received by the court

Question 3

Define relevance

Answer 3

If it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding

Question 4

Define facts in issue

Answer 4

– Prosecution must prove to establish the elements of the offence
– defendant must prove to succeed a defence, in relation of which he or she carries the burden of proof

Question 5

Define weight of evidence

Answer 5

The weight of evidence is its value in relation to the facts in issue. The value will depend on a wide range of factors

– extent to which, if excepted, it is directly relevant to the conclusion of, those facts
– Extent to which it is supported or contradicted by other Evidence produced
– veracity of witnesses

The weight is the degree of the probate force that can be accorded to the evidence

Question 6

Define give evidence

Answer 6

Witnesses giving evidence, a party offers evidence.

Question 7

Define give evidence – ordinary way

Answer 7

Either orally in a court room or in the presence of a judge, jury, parties to the proceeding, council, and members of the public allowed by the judge

Affidavit filed in the court or by reading a written statement in the court room, if both persecution of defence consent, the statement is admissible and it is the personal statement of the dependent or maker

Question 8

Define give evidence – alternative way

Answer 8

In the court room but unable to see the defendant via screens or video recording made before the hearing,

audio visual communication between participants win some or all of them are not physically present at the place of the hearing

Question 9

Define give evidence – in any other way

Answer 9

Provided in the evidence act 2006 or any other enactment

Question 10

Define witness

Answer 10

Person who gives evidence and is able to be cross-examined in a proceeding

Question 11

Define hearsay statement

Answer 11

Statement that is made by a person other than the witness and is offered in evidence in the proceeding to prove the truth of its content

Question 12

Define veracity

Answer 12

Disposition of a person to refrain from lying, whether generally or in a proceeding

Question 13

Define propensity

Answer 13

Propensity evidence is evidence about a persons propensity to act in a particular way or have a particular state of mind, and includes evidence of fracture, emotions, events, or circumstances with which a person is alleged to have been involved

Question 14

Define direct evidence

Answer 14

Evidence given by a Witness as to a fact in issue that he or she has seen, heard or otherwise experienced

– e.g. eyewitnesses that say they saw the defendant stab the complainant

Question 15

Define circumstantial evidence

Answer 15

Evidence of circumstances that do not Directly prove any effect on issue, but which allow inferences about the existence of those facts to be drawn
– the defendant was seen in the vicinity of the crime