Elements of Evidence Flashcards
What is the purpose of evidence law?
To help secure the just determination of proceedings by:
- providing facts to be established by the application of logical rules
- providing rules of evidence that recognise the importance of the BOR
- promoting fairness to parties and witnesses
- protecting rights of confidentiality and other public interests
- avoiding unjustifiable expense and delay
- enhancing access to the law of evidence
What makes good evidence
The facts must prove the elements and the evidence should be made up of facts that prove the charge
What is ‘facts in issue’?
Are facts that in law needs to be proved to succeed in a case. In criminal cases the facts are usually those written in the charge wording
What is circumstantial evidence?
Is a fact from which the judge or jury may infer the existence of a fact in issue. Provides indirect proof of a fact in issue.
What is judicial notice?
Is when the court declares that the fact exists or tells the jury that it is a fact even though there is no evidence. EG. date of Christmas if it is a fact of issue
What are two main exceptions when evidence does not need to be given facts
1) Judicial notice is taken
2) Facts are formally admitted
Differences in section 128 and 129 Evidence Act 2006
128 is facts that are known and accepted generally. 129 is where scientific or historical facts are admitted as evidence
What is facts formally admitted?
Facts admitted by either counsel that is accepted
What is presumption?
When there is no direct evidence and the facts are inferred by other facts that have been proved or known
What is presumption of laws?
Inferences that have been expressly drawn by law form particular facts
What is presumptions of fact?
Those that the mind naturally and logically draws from the given facts
What three things do judges have to consider when determining if evidence is admissible?
- relevance
- reliability
- unfairness
What is relevant evidence?
Any evidence that can prove or disprove anything. Includes direct evidence and circumstantial evidence
What is unfairness?
Matter of discretion to the trial judge. Evidence may be excluded if:
- unfair prejudice in the proceeding
- obtained in circumstances where it would make the proceeding unfair eg. confession gained using improper methods
What is section 8 test involve?
General exclusion for evidence that is relevant, not excluded or rendered inadmissible
Involves balancing the value of evidence against the risk that it will:
- cause unfair prejudicial effect on the proceeding
- prolong the proceeding
