Admissable Hearsay Statements / Justification & Excuse Including Infancy Flashcards
A hearsay statement is admissible in any proceeding if?
- Circumstances relating to the statement provide reasonable assurances that the statement is reliable.
- The maker of the statement is unavailable as a witness.
- The judge considers that undue expense or delay would be caused if the maker of the statement were required to be a witness.
Factors to consider regarding reliability of Hearsay statements - s16(1) Evidence Act 2006?
- The nature of the statement.
- The contents of the statement.
- Circumstances relating to the making of the statement.
- Circumstances relating to the veracity of the person making the statement.
- Circumstances relating to the accuracy of the observation of the person.
Definition - Justified
Means that the person is not guilty of an offence and is not liable civilly.
EG: Homicide committed in self defence (s48), or
Homicide committed to prevent suicide (s41)
Definition - Protected from criminal responsibility
Means that the person is not guilty of an offence but civil liability may still arise.
Culpability - What is held for children under 10 years?
A child under 10 has an absolute defence to any charge brought against them.
Even though the child can’t be convicted, you still have to establish whether or not they’re guilty.
Culpability - What is held for children between 10 and 13 years?
It must be shown that the child knew the act was wrong or contrary to the law.
If this knowledge cannot be shown this child cannot be criminally liable for the offence.
Case law - R v Forrest and Forrest
What is the case law regarding age?
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
Case law - R v Clancy
What was held in relation to the best evidence concerning proof of age?
The best evidence as to the date and place of a child’s birth will normally be provided by a person attending the birth or the child’s mother…
Production of the birth certificate, if available, may have added to the evidence but was not essential.
Who should you seek advice from in relation to questioning of children and young persons?
Seek advice from your District Youth Prosecutor to ensure compliance with the OT Act 1989.
What is the general rule for the prosecution of child offenders?
All child offenders will be referred to the Care and Protection Co-ordinator until they reach 14.
