Evidence

Question 1

What is hearsay evidence?

Answer 1

A statement made out of court (either in writing/orally) and repeated in court.

Writing - e.g. WS

Generally inadmissible but there are exceptions.

Question 2

What are the exceptions to the rule that hearsay is generally inadmissible?

Answer 2

-witness who originally made the statement is unavailable
-the statement is a business document
-statements prepared for use in criminal proceedings
-previous consistent/inconsistent statements
-res gestae - statement made as a result of a close/intimate connection with the event in issue

Question 3

Bad character - what are the 7 gateways for admitting D’s bad character?

Answer 3

A. All parties agree to evidence being admitted.
B. D introduces the evidence himself.
C. Important explanatory evidence.
D. The evidence is relevant to an important matter in issue between D and P. Important gateway - D has propensity to commit offences/be untruthful.
E. Evidence has substantial probate value.
F. The evidence is required to correct a false impression given by D. Only available to the P.
G. D made an attack on another person’s character.

Question 4

What is the definition of bad character evidence?

Answer 4

Bad character = misconduct not pertaining to the offence itself e.g. membership of a gang, previous convictions

Whether bad character is put before the court depends on the 7 gateways.

Question 5

Non-defendant bad character - what are the 3 gateways for admitting non-defendant bad character evidence?

Answer 5

1. It must be important explanatory evidence
2. It has “substantial probative value”
3. All parties to the proceedings agree to the evidence being admissible.