Relevance

Question 1

When is a piece of evidence relevant?

Answer 1

Evidence is relevant when, if accepted, it could rationally affect, directly or indirectly, the assessment of the probability of the existence of a fact in issue. s55

Question 2

Short definition of relevance?

Answer 2

Evidence is relevant if it makes a fact in issue any more or less likely - s55 EA

Question 3

What happens if an evidence is relevant?

Answer 3

it will be admissible -s56 - subject to any exclusionary rules

Question 4

What is a fact in issue in a criminal proceeding?

Answer 4

Elements of an offence

Question 5

What is a fact in issue in a civil proceeding?

Answer 5

the elements of the civil claim, as outlined in the pleadings.

Question 6

What is direct evidence?

Answer 6

Evidence that directly proves a fact in issue without requiring the jury to draw an inference.

Question 7

What is indirect evidence?

Answer 7

Evidence of a related factor facts, from which the jury can infer the existence of a fact in issue.
Circumstantial evidence

Question 8

What directions should be given if the prosecution case relies upon circumstantial evidencde?

Answer 8

Hodge direction
1. to find A guilty, his or her guilt should not be a reasonable inference, it must be the only reasonable inference that can be drawn from the circumstances established by the evidence; and
2. if the jury considers that there is any reasonable explanation of those circumstances which is consistent with the innocence of A, they must find him or her not guilty.

Question 9

What happens if an objection is made to relevance of a piece of evidence?

Answer 9

Party seeking to tender the evidence must explain the purpose for which the evidence is tendered and how it is relevant and admissible.

Question 10

Is credibility evidence relevant?

Answer 10

Yes, evidence can be relevant if it is only relevant to the credibility of a W - s55(2)