Res gestae (chp 19) and Documentary evidence (Chapter 20) Flashcards
Explain ‘Res Gestae’ as a doctrine and it as a concept.
The Rea gestae doctrine makes relevant and admissible all facts surrounding and accompanying an event in issue or facts so connected with it as to introduce, explain, or form it with one continuous transaction.
Simply, this evidence is relevant because without evidence of such conduct the event in issue could not be understood and would otherwise be presented in an unintelligible way.
Res Gesta utterances are an exception to hearsay…explain
Utterances or words spoken as a part of the res gesta are admissible as proof of the facts they assert which is an exception to hearsay.
The rationale behind his exception is that the close proximity of the statements to the event enhance their reliability.
Example: production of drivers licence is evidence of ID,
What QEA section allows for Res gesta to be admissible?
s 93B
Does hearsay apply to documents?
When a document is tendered as proof of the facts asserted in it this is inadmissible hearsay.
What are the documentary hearsay exceptions in the QEA? (Hint 6)
- Books of account - s 84 ‘books of account’
- Documents used testimonially in civil cases - s 92 (business records)
- Documents used testimonially in criminal cases - s 93A (child, and impaired mind)
- Material admissible under s 94
- Information produced from a device or process (‘computer’) - s95
- Prior inconsistent Statements covered by s 101
Are books of account admissible? If so, how?
Books of account tendered for the purpose as proof of the facts asserted in it is documentary hearsay.
s 83-84 QEA provides an exception to the hearsay rule for books of account in both criminal and civil cases (any document used in the course of business to record financial transactions or have a financial character).
s 85 -Prior to admission, the book of account must be verified by a person who works in the business and complied the document or could recognise it as a record of the business.
Explain the s 92 documentary hearsay exception QEA!
S92 - makes admissible two types of documents in CIVIL proceedings (1) statements conveying first hand knowledge of the marker (must be called as witness) and (2) statements recorded in the ordinary course of business made by a person with first hand knowledge of the information. In both cases the witness must be called to give evidence.
s 92(2) provides exceptions for when the person does not need to be called i.e. dead, unfit, cant be found, out of state and not reasonable to call…
Are statements contained in a document made by a child or a person with an impaired mind, who are called as a witness, admissible in criminal proceedings?
On face value hearsay, however s 93A allow for the admission of a statement made by a child or a person with an impairment of the mind where it would have been admissible as direct oral evidence if that person has personal knowledge of the matters and is called as a witness.
How does s 94 QEA operate?
s 94 applies where a party has adduced a statement under s 93 but that person is not available for cross examination.
Material adduced under this section is done so for the purposes of attacking the credit of the person who provided a s 93A statement. This would include prior inconsistent statements, convictions, or material which may tend to show bias.
Are documents produced from a devices or processes (e.g. CCTV, calculations (‘computer’) admissible or hearsay?
s 95 - Documents produced by devices - A statement contained in a document or thing produced by a device or process is admissible as evidence of a fact
Are prior inconsistent statements admissible as proof of the facts which they assert? if so how?
s 17-19; s101 - Previous inconsistent statement, if proved, is admissible as evidence.
Can a statement made in document from a person who is now dead or incapacitated be admissible? Yes so how under QEA ?
s93B - Where person is unavailable “dying declarations” - In a prescribed proceeding, a witness can give evidence, an oral or documented statement about a fact in issue made by a person who is dead (or incapacitated) is admissible provided that the witness who recites the statement in court actually heard in made, so that it is “first hand hearsay”…the statement must be made in the circumstances outlined s93B (shortly after the fact happened and in circs where it is likely to be a fabrication, made in circus highly prob to be reliable, or made against the interests of the person who made it )…93C - jury must be given warning about weaknesses of hearsay evidnece.
