Hearsay, res gestae, statements by the accused, statutory exceptions Flashcards
what is heresay?
gives evidence of something that they were told by another person.
where can we find the definition ? what case
morrison v HMA
any assertion other than the one which they have themselves said is inadmissible as of any fact or opinion stated. this is a cmmon law rule.
Article 6/3/d? ECHR
Right to hae a fair trial to have proper evidence against him.
Teper v R explanation against hearsay.
not delivered on oath, not the best evidence, cannot go through cross examination.
could the jury come to their own conclusions?
yes. positive for this.
negatives
cannot see them giving evidence, could be made up.
what is primary and seondary hearsay?
secondary hearsay is saying that someone else said this. by your ear what they said. this is the one we don’t want and is not admissible. to establish what had been said. if they die then this can be used for corroboration.
primary hearsay is admissible. basically establishes that the statement has been made. this is allowed. cannot be used to corroborate a case
what are the exceptions to hearsay?
Res gestae
accused statement
statutory exceptions
what is res gestae?
so close to the event that it can be part of the event. immediately and directly connected to the event. during the crime.
part of the thing being done.
made in the heat of the moment so it is more likely to be accurate and trustworthy.
this can be through vomitting or anything done.
it is an exception of the general rule of hearsay.
can corroborate.
time scale res gestae.
case for this?
depends on circumstances.
Cinci v HMA -
had been raped in a hostel while drunk.
in the shower
as soon as door opened she shouted ive been raped.
was held that this did not count as being part of the res gestae and so not corroborative. used for corroboration.
appeal allowed. overturned and was not convicted of rape.
strict interpretatiojn
what is a de recenti statement?
made shortly after the incident.
as seen in Cinci. not an acception to hearsay and so not admissible. Cannot be used for corroboration. can only enhance the credibility of a witness. can only enhanc the statement if the person is a witness.
what happened in O’shea v HMA
stabbing them with a knife. chased with knife. victim identified him as being the perpetrator.
witness spoke to partner and saw a man.
heresay saying my man is down there was proof that it was res gestae.
event commenced with the chase, anything said in the vicinity is part of the res gestae.
relaxed interpretation
statements of the accused what are the categories?
confessions
mixed statements -admits they comited the crime but says why they commited it
expulptatory statements -(i didnt do it)
what if the statement is heard from someone who is not an investigating official?
it will be admissible unless it has been unfairly obtined.
what if it is a confssion?
then this is an exception, quite strait forward. this can create corroboration
