Evidence

Question 1

Evidence meaning

Answer 1

is anything that tends to prove or disprove the elements of an offence.

Evidence must be relevant and admissible

Question 2

Types of evidence

Answer 2

Direct evidence

Documentary evidence

Real evidence

Circumstantial evidence

Question 3

Direct evidence

Answer 3

the testimony of a witness to a given fact. this is what a witness says in court, and it is normally based on a written statement obtained from them prior to any court hearing

Question 4

Documentary evidence

Answer 4

documents produced for the court of judge to inspect

Question 5

Real evidence

Answer 5

material objects directly presented for inspection

Question 6

Circumstantial evidence

Answer 6

something that infers a fact in issue

Question 7

Circumstantial evidence

Answer 7

something that infers a fact in issue

Question 8

Admissibility and relevance in relation to evidence

Answer 8

when evidence is produced in court, it must be both relevant and admissible for the judge to allow it to be heard.

for evidence to be relevant there must be a clear connection between the evidence being offered to the court and the facts in issue.

evidence is admissible when its collection by Police complies with accepted legal requirements and rules

Question 9

Rules of evidence

Answer 9

Hearsay evidence

Opinion evidence

Propensity evidence

Question 10

Hearsay evidence

Answer 10

A hearsay statement is defined in section 4 of the Evidence Act 2006 act a statement that:

1. made by a person who is not a witness
2. is offered in evidence in a proceeding to prove the truth of its content

Section 17 of the Evidence Act 2006 provides that a hearsay statement in NOT admissible, unless some other legal provision provides an exemption

Question 11

Opinion Evidence

Answer 11

Opinion in relation to a statement offered in evidence is defined in Section 4 of the Evidence Act 2006 as **a statement of opinion that tends to prove or disprove a fact.

2 primary exemptions to the rule of option evidence

Expert opinion evidence

Non-expert opinion evidence
- **Section 24 of the Evidence Act 2006* provides opinion of non-expert may be allowed if it is needed to help understand a person’s evidence that is already being received

Question 12

Propensity evidence

Answer 12

Section 40 of the Evidence Act 2006 defines propensity as evidence that tends to show a person’s propensity (tendency) to act in a particular way to have a practicing state of mind.

Similar to hearsay and opinion evidence, propensity evidence is not used in criminal proceeding unless it complies with certain rules contained in the Evidence Act

Question 13

3 rules for who is giving evidence

Answer 13

They must be

• competent
• compellable
• credible