hearsay Flashcards
what is hearsay
an out of court statement that offers to prove the truth of a matter
what is the purpose of hearsay
to prove that something was said not to prove the truth of what was said
why is hearsay unreliable
it is not stated under oath, cant be cross-examined and jury cannot observe demeanour or credibility of who said it
what does res gestae mean
things done in the course off a criminal incident
in order to be res gestae…
statement must be spontaneous and near time of event
why does statement need to be spontaneous
less chance of fabrication due it being close proximity to event and that the event is so startling that the statement was a spontaneous reaction
what right does hearsay affect
can affect your right to fair procedure, rule against hearsay is part of right to fair procedure
r v teper [1952]
statement was inadmissible as there was 26min delay between event and statement
DPP v Lonergan [2009]
deceased was stabbed, made statements to family members 5-15 min after event stating who stabbed him, ADMISSIBLE
R v Andrews [1987]
stabbing victim made statement to 2 police officers regarding names of his attackers, deceased’s statement was inadmissible
