Section One: Evidence

Introduction

Evidence may be understood as ''That which tends to prove a fact; something which may satisfy an inquirer of a fact's existence''. (Spiller, Butterworths New Zealand Law Dictionary (5th Ed, LexisNexis, Wellington 2002).

Because you weren't present when the offence is alleged to have occurred, the prosecution will present information to you which they believe will satisfy you that their theory of the case is correct. Clearly they will try to bring enough evidence to satisfy you and this evidence will need to be relevant to the case they are trying to prove. The defendant will bring evidence to refute the prosecution evidence, as well as to offer a different theory of the case. But neither party can just bring any evidence or say anything they want to.

This section of the module introduces the rules concerning what evidence is considered admissible in a court and how you will balance the relevance and weight of the evidence before making a decision regarding admissibility.

Reading

• Judicial JP Manual chapter 11, Evidence
• Elisabeth McDonald, Principles of Evidence in Criminal Cases (Thomson Reuters, Wellington 2012).