Definitions

Question 1

Define evidence

Answer 1

Evidence is the term for the whole body of material which a court or tribunal may take into account in reaching their decision.

Evidence may be in oral, written, or visual form.

Question 2

Define direct evidence (FII SHE)

Answer 2

Any evidence given by a witness as to a fact in issue that they have seen, heard, or otherwise experienced.

E.g., an eyewitness who states that they saw the defendant stab the complainant with a knife.

Question 3

Define facts in issue

Answer 3

Facts in issue are those which:

• The prosecution must prove to establish the elements of the offence
• The defendant must prove to succeed with a defence, in respect of which they carry the burden of proof

Question 4

Define veracity

Answer 4

This is the disposition of a person to refrain from lying, whether generally or in a proceeding.

Question 5

Define propensity evidence

Answer 5

Evidence about a person’s propensity to act in a particular way or have a particular state of mind, and includes evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved.

Question 6

Define witness

Answer 6

This is a person who gives evidence and is able to be cross-examined in a proceeding.

Question 7

Define relevance

Answer 7

Evidence is relevant if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding.

Question 8

Define circumstantial evidence

Answer 8

Evidence of circumstances that do not directly prove any fact in issue, but which allows inferences about the existence of those facts to be drawn.

Question 9

Define statement

Answer 9

A statement is a spoken or written assertion by a person or non-verbal conduct by a person intended by that person as an assertion of any matter.

Question 10

Define hearsay statement

Answer 10

A statement that was made by a person other than a witness and is offered in evidence in the proceedings to prove the truth of its contents.

Question 11

Define corroboration

Answer 11

Independent evidence that tends to confirm or support some fact of which other evidence is given and implicates the defendant in the crime charged.

Question 12

In a proceeding, evidence may be given in a number of ways. List and describe two of these/or list and describe two ways of giving evidence (WOF UOV)

Answer 12

1. Ordinary way - either orally in a courtroom in the presence of a judge (or judge and jury), parties to the proceeding, counsel, and members of the public allowed by the judge; or in an affidavit filed in court or by reading a written statement in a courtroom, if both prosecution and defence consent, the statement in admissible, and it is the personal statement of the deponent or maker
2. In an alternative way - in the courtroom but unable to see the defendant or other person; outside the courtroom; or by video recording made before the hearing.
3. Any other way - provided for by the Evidence Act 2006 or any other relevant enactment.

Question 13

Define weight of evidence (VSR)

Answer 13

The ‘weight’ of evidence is its 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 or contradicted by other evidence produced
• the veracity of the witness

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