Hearsay

Question 1

Def Hearsay

Answer 1

Under the LEAA, evidence (oral /in writing) the probative value of which is dependent on the credibility of a person other than the person giving such evidence, is hearsay.

Question 2

Admissibility of hearsay

Answer 2

Hearsay evidence is prima facie inadmissible.

Question 3

Exceptions to the hearsay rule

Answer 3

Under LEAA (Civ + Crim):
Consent
Provisional admission
Where the interests of justice permit

CPEA:
Documentary evidence

Question 4

Explain LEAA exception ‘where interests of justice permit’

Answer 4

Where the interests of justice permit it.

These factors must be weighed up collectively. Authority for factors: Kapa

1. The nature of the proceedings
2. The nature of the evidence
3. The purpose for which evidence is tendered
4. Probative value (is it strong or not)
   {Is the evidence subject to a cautionary rule?
   Is there corroborative or contradicting evidence
   Does the witness have interest in the outcome
   The contemporaneity of the statement
   Degree of hearsay}
5. Whether there will be procedural prejudice to any party
6. The reason why the person is not testifying
7. Any other factor
   {Public interest
   Old CL hearsay rules}

Question 5

CPEA exception? Give requirements

Answer 5

Under the CPEA, documentary hearsay evidence is admissible, when:
It is the original document produce or a true copy;
Must be signed by the person who made it;
The person who made the statement had personal knowledge of matters dealt with in the statement; or the person who recorded the statement (or had a duty to say so) testifies; and
The person who made the statement does not have a personal interest in the proceedings.

Question 6

Why is the CPEA applicable?

Answer 6

The LEAA says that hearsay is inadmissible; subject to provisions of any other rule.

Moreover, the CPA says that this is applicable in criminal proceedings. So does CPEA.

Question 7

Does CPEA overcome Hollington rule? What is the Hollington rule?

Answer 7

Negative.

Hollington rule provides that one may not admit a criminal conviction in civil proceedings to prove the defendant did what they where convicted of.

Question 8

Rationale for excluding hearsay?

Answer 8

The person on whom the probative value depends, cannot be cross-examined. Under an adversarial system, cross-examination falls under our primary truth seeking vehicle.