Evidence Flashcards
Define evidence
The whole body of material which a court or tribunal may take into account in reaching their decision. Evidence may be oral, written, or visual form.
Define admissible evidence
Evidence is admissible if it is legally able to be received by a court.
Define ‘relevance’
Evidence is relevant “if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding”
Define ‘facts in issue’
Facts in issue are those which:
- 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 or she carries the burden of proof
Define ‘exclusionary rules’
These are rules that exclude evidence (usually because it is unreliable, unduly prejudicial, or otherwise unfair to admit it)
Define ‘weight of evidence’
It is the value in relation to the facts in issue. The value will depend on a wide range of factors, such as:
- the extent to which, if accepted, it is directly relevant to or conclusive of, those facts
- the extent to which it is supported contradicted by other evidence produced
- the veracity of the witness
Its the ‘probative force’ that can be given to evidence.
When does a witness ‘offer evidence’?
When a witness accepts the proposition. It includes eliciting evidence by cross-examination of a witness called by another party. (Evidence Act S96(1)).
What are three ways to give evidence?
- in the ordinary way (orally or in an affidavit field in court or by reading a written statement in a court room)
- in an alternative way (in a court room but unable to see the defendant, outside the courtroom, video recording, AVL
- in any other way (provided by the evidence act)
Define ‘incriminate’.
To provide information that is reasonably likely to lead to, or increase the likelihood of the prosecution of a person for a criminal offence.
Define ‘hearsay statement’
A statement that was made by a person other than a witness and is offered in evidence in the proceeding to prove the truth of its contents.
Define ‘veracity’
The deposition of a person to refrain from lying, other generally or in a proceeding.
Define ‘propensity’
Evidence about a persons propensity to act in a particular way or have a particular state of mind. It includes evidence of acts, omissions, events, or circumstance with which a person is alleged to have been involved.
Define ‘direct evidece’
Evidence given by a witness as to a fact in issue that he or she has seen, heard, or otherwise experienced (eg an eye witness who states she saw the defendant stab the complainant).
What is ‘circumstantial evidence’?
Is evidence of circumstances that do not directly prove any fact in issue, but allow inferences about the existence of the facts to be drawn (eg. the defendant was seen in the vicinity of the scene of the crime).
Other than the NZ Police what are three other enforcement agencies?
NZ Customs, Ministry of Fisheries, and Inland Revenue Department.
Any body or organisation that has statutory responsibility for the enforcement of an enactment.