Definitions 1 Flashcards
Evidence defined
What form? (3)
The term for the whole body of material which a court or tribunal (in criminal cases the judge and jury) may take into account in reaching their decision.
Evidence may be in oral, written or visual form.
Evidence is admissible if…?
Evidence is admissible if it is legally able to be received by the court.
Relevance as per S7(3) of 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.”
Facts in issue are those which the prosecution…
The defence…
The prosecution must prove to establish the elements of the offence, or
-the defendant must prove to succeed with a defence, in respect of which he/she carries the burden of proof.
What are the usual reasons for excluding evidence? (3)
Usually because it is:
-unreliable,
-unduly prejudicial
-or otherwise unfair to admit it.
What is the “weight” of evidence
Its value in relation to the facts in issue
or
the degree of probative force that can be afforded to the evidence.
3 factors that determine the weight of evidence.
-the extent to which, if accepted, it is directly RELEVANT to or CONCLUSIVE of, a fact in issue.
-the extent to which it is SUPPORTED or CONTRADICTED by other evidence produced.
-the VERACITY of the witness.
Offer evidence (eliciting)
Evidence must be elicited before it is offered. Merely putting a proposition to a witness is not offering evidence; it becomes so when the witness accepts the proposition (S96, Evidence Act)
Offering evidence in the Evidence Act includes eliciting evidence by cross-examination of a witness called by another party.
Give evidence - witness or party?
Methods of giving evidence?(3)
“Giving evidence” is included in “offering evidence”: a witness “gives evidence”; a party “offers evidence.” A party who testifies both gives AND offers evidence.
In a proceeding, evidence may be given:
-in the ordinary way (either orally in court or in an affidavit filed in court or by reading a statement in a courtroom)
-in an alternative way (screen, outside the courtroom with AVL, video recording made before the hearing)
-in any other way provided for by the Evidence Act or any other relevant enactment.
Incriminate
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 offence.
