Hearsay

Question 1

What is hearsay?

Answer 1

Out of court statement that is relied upon in court to prove the truth of the matter stated

Question 2

Name 4 statutory exceptions to the admissibility of hearsay

Answer 2

1. unavailable witness
2. business document
3. IOJ
4. parties agree

Question 3

What are the 3 requirements to use the “unavailable witness” exception?

Answer 3

1. oral evidence would be admissible
2. witness is identified; and
3. any of the 5 conditions met

Question 4

What are the 5 conditions to use “unavailable witness” exception?

Answer 4

1. dead
2. unfit
3. cannot be located
4. outside of UK
5. fear

2. bodily or mentally
3. after reasonable steps
4. impractical

Question 5

What is a business document? Name 3 examples

Answer 5

1. created or received in the course of business;
2. person who supplied info had personal knowledge of matter; and
3. each person received doc in course of business

Examples: police log, witness statement, medical record

Question 6

Name 4 IOJ considerations for the hearsay exception

Answer 6

i. importance
ii. alternative
iii. reliability
iv. circumstances

Question 7

What are 6 common law exceptions to the admissibility of hearsay?

Answer 7

1. Res gestae (mind still dominated)
2. confession
3. multiple hearsay
4. evidence of reputation
5. expert witness may draw upon body of expertise
6. public information

Question 8

Name 2 situations where otherwise admissible hearsay evidence will not be allowed

Answer 8

1. case depends wholly/partly on hearsay and its so unconvincing that it would be unsafe to convict
2. undue waste of time