Class Five - the Hearsay Rule Flashcards
What is the rationale for the hearsay rule?
- We can’t test the probative value of that previous representation through the trial process
- Does NOT mean evidence is inherently unreliable
What is the hearsay rule? Where is it contained in the Uniform Evidence Law?
S 59(1) - Evidence of a previous representation made by a person is NOT ADMISSIBLE to prove the existence of a fact that can be reasonably supposed that the person intended to assert by the representation.’
What is a ‘previous representation’ for the purpose of s 59(1)?
‘a representation made otherwise than in the course of giving evidence in the proceeding in which evidence of representation is sought to be adduced.’
What is a hearsay purpose?
If a representation is being used to prove ‘the existence of a fact that it can be reasonably supposed that the person intended to assert by the representation.’
What is a non-hearsay purpose?
- Speaking the words has legal significance
- Evidence led proves basis of expert opinion
- To prove a person’s physical or mental state
What is the effect of s 66A of the Uniform Evidence Law?
‘the hearsay rule does NOT apply to evidence of a previous representation made by a person if the representation was a CONTEMPORANEOUS REPRESENTATION of the person’s health, feelings, sensations, intention, knowledge or state of mind.’
What types of inferences can we draw, based on a person’s inferred state of body or mind?
- Inference about their INTENTION
- Inference about their MOTIVATION
What is the effect of s 60(1) of the Uniform Evidence Law?
‘The hearsay rule does NOT apply to evidence of a previous representation that is admitted because it is relevant for a purpose OTHER THAN proof of an asserted fact’
=> Evidence of previous rep admitted for non-hearsay purpose is admissible for the hearsay purpose.
