Evidence definition
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.
Admissible evidence definition
Evidence is admissible if it is legally able to be received by a court.
Relevance definition
Evidence is relevant if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding (section 7(3) of the evidence act 2006)
Facts in issue definition
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 he or she carries the burden of proof.
Exclusionary rules definition
These are rules that exclude evidence, usually because it is unreliable, unduly prejudicial or otherwise unfair to admit it.
Exclusionary rules definition
These are rules that exclude evidence, usually because it is unreliable, unduly prejudicial or otherwise unfair to admit it.
Weight of evidence definition
The weight of evidence is its value in relation to the facts in issue, this will depend on a wide range of factors -
- The extent to which it is directly relevant to those facts.
- the extent to which it is supported or contradicted by other evidence
- the veracity of the witness.
Offer evidence definition
Evidence must be elicited before it is offered. Mearly putting a proposition to a witness is not offerning evidence, it becomes evidence when it is accepted by that witness. ( section 96(1) of the evidence act 2006.
Give evidence, definition.
Giving evidence is included in offering evidence, a witness gives evidence while a party offers evidence. A party who testifies both gives and offers evidence.
Evidence may be given in the ordinary way, orally in court, in an alternative way, such as AVL or in any other way provided for in the evidence act 2006.
Incriminate definition
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.
Proceeding definition
This means a proceedings conducted by a court and any application to a court connected with a proceeding.
Statement definition
This is a spoken or written assertion by a person, or non verbal conduct of a person intended by that person as an assertion of any matter.
Witness definition
A witness is a person who gives evidence and is able to be cross examined in a proceeding.
Hearsay evidence definition
This is a statement made by a person other than a witness, and is offered in evidence in the proceeding to prove the truth of its contents.
Veracity definition
This is the disposition of a person to refrain from lying, whether generally or in a proceeding.
Direct evidence definition
This is evidence given by a witness as to a fact in issue that he or he has seen, heard or otherwise experienced (eg an eye witness testimony)
Circumstantial evidence definition
This is evidence of circumstances that do not directly prove any facts in issue, but which allow inference about the existence of those facts to be drawn. (Eg the defendant was seen in the vicinity of the scene of the crime).
Enforcement agency definition
This refers to the NZ Police or any body or organisation that has a statutory responsibility for the enforcement of an enactment, including customs service, ministry of fisheries and inland revenue department.
