5 Hearsay Flashcards
What is hearsay in simple terms?
Gossip. If the witness tell a gossip, then it’s not allowed.
What is it’s not an hearsay?
It will be admissible generally
What is the definition of gossip?
- Representation of fact or opinion
- Out of court statement
- Relied on for it’s truth
- Intended to be believe or act on it
What does representation of fact of opinion include?
Written statements
Oral statements
Gestures
Drawings after giving description
Are all out of court representations hearsay?
No if it’s produced by machines. Like CCTV and photographs.
What if it’s not hearsay?
It’s an original evidence
If D says another person did it, is that said for it’s truth?
Yes
When is it not said for it’s truth?
If they say it not because it’s true but for other reason
If you want to say things that said during the fight, is that said for it’s truth?
No. Not said for it’s truth.
If D said no comment because the the father or later told them to do so. Is it still hearsay?
No its not because it’s not relied for the truth.
D says terrorists give him death threats if he didn’t carry ammunition. Is that hearsay?
No its not because it’s not relied for the truth.
Are implied representations included for the requirement that it must be intended someone else to believed or acted upon?
No they are not included.
The implied fact that D is drug dealer from chats are hearsay?
It’s not because it was not intended someone else to be believed upon and because it’s implied.
What court do when they determine whether it’s intended for it’s truth?
They use the twist approach
Is contents of diary hearsay? Explain. Does it matter if the statements are expressed?
It is not an hearsay. It was indented to be believed or relied by someone else. It doesn’t matter if the statements are expressed here.
What are the 5 exceptions to hearsay?
- Parties agree
- Statutory exception - 116, 117
- Common law exception - 118
- Interest of justice - 114
What are the common law exceptions?
- Public documents
- Defendant’s good character
- Criminal conspiracy
- Body of expertise
- Rae gestae
Explain more on criminal conspiracy and hearsay exception?
Say if D1 tells his brother that he wants to borrow his car. All Ds then rob the bank using the car. That statements with brother is admissible against all Ds.
Explain more on body of expertise and hearsay exception?
When doctor or etc giving their evidence, they can also include what they have read in publications and give opinion from there. It is not an hearsay.
How does rae gestae work?
Statement made by a person so emotionally empowered that the distortion can be disregarded.
It must be made very closely after the incident.
What directions must judge give to jury when admitting rae gestae?
- What the speaker said correctly reported to them
- Speaker didn’t distort to D’s disadvantage
- For jury to have regard to special features that might have caused error.
What are the statutory exceptions?
- Absent witness
- Business documents
What are the requirements to use hearsay exception of absent witnesses?
- Evidence must be available if the witness was present
- The witness must be identifiable. Its okay if the witness refuse to give their name to police because they want to be anonymous.
- Dead, unfit, outside Uk (and reasonably not practicable to secure attendance), cannot be found, fear.
For 3. Must have taken reasonable steps to secure attendance and mitigate fear.
What is the requirement for business documents statutory exception?
- Created or received by a person in the course of the job
- The person that supplied the document’s information had personal knowledge or reasonably had it.
- If information passed through intermediaries, they must be acting in the course of their job.
