Hearsay Flashcards
What is the general definition of hearsay?
An out-of-court statement offered as evidence of the truth of its content.
What case is considered the locus classicus for the hearsay rule in Ireland?
Cullen v Clarke [1963] IR 368
Why is hearsay evidence generally inadmissible?
Because it’s unreliable, not made under oath, not tested by cross-examination, and jurors can’t assess the declarant’s credibility.
Which case confirms the constitutional protection of the right to cross-examine in Ireland?
In Re Haughey
What is the difference between hearsay and original evidence?
Hearsay is used to prove the truth of a statement; original evidence proves only that the statement was made.
What case set the standard for distinguishing hearsay from original evidence?
Subramaniam v Public Prosecutor [1956]
What is the primary modern rationale for excluding hearsay?
Lack of cross-examination.
What is the res gestae exception to hearsay?
A spontaneous statement made during or immediately after an event that is admissible because concoction is unlikely.
What case refined the res gestae test?
R v Andrews [1987] — Focus on spontaneity and ruling out concoction.
Can dying declarations be admitted as hearsay exceptions?
Yes, but only in homicide cases and when the declarant believed death was imminent.
What is required for a declaration against interest to be admissible?
The declarant must be dead, and the statement must have been against their interest when made.
What case exemplifies the declarations in the course of duty exception?
Dillon v Tobin (1879) — Baptism record admissible.
In Myers v DPP, why was the factory record inadmissible?
It was hearsay because it depended on the truth of the unidentifiable worker’s statement.
Can implied assertions be hearsay?
Yes, as shown in R v Kearley, implied drug requests were hearsay.
What’s the key concern with hearsay regarding juries?
Jurors might improperly weigh hearsay as more reliable than it is.
What protection does Article 6(3)(d) ECHR provide in hearsay contexts?
Right to examine witnesses against oneself.
How did R v Ratten treat a phone call for police made by the victim?
It was original evidence, showing fear or state of mind, not hearsay.
Can hearsay be admitted in bail applications?
Rarely — as per DPP v McGinley, live evidence is preferred unless strong reasons justify hearsay.
Why did R v O’Connell quash a conviction over hearsay?
Because phone call content was inadmissible hearsay and jury was misdirected.
