STUDY UNIT 13

Question 1

What is HEARSAY EVIDENCE?

Answer 1

HEARSAY EVIDENCE is now defined as evidence, whether oral or in writing, the probative value of which depends upon the credibility of any person other than the person giving such evidence

Question 2

GENERAL RULE:

Answer 2

hearsay evidence is generally inadmissible

Question 3

REASONS WHY HEARSAY EVIDENCE IS INADMISSIBLE:

Answer 3

1. On Oath
2. Cross-examination
3. Demeanour and credibility

Question 4

ON OATH:

Answer 4

with hearsay evidence, the statement that was made by the person who is not in court is not made under oath.

Question 5

CROSS-EXAMINATION:

Answer 5

the people who made the statement on which the hearsay evidence is based is not called to the witness box and therefore cannot be tested by the court through cross-examination

Question 6

DEMEANOUR AND CREDIBITY:

Answer 6

because the people who made the statement is not in court, the court is denied this opportunity and therefore unable to evaluate the evidence properly.

Question 7

THREE EXCEPTIONS THAT ALLOW THE ADMISSION OF HEARSAY EVIDENCE:

Answer 7

1. By agreement
2. where the person, on whose credibility the evidence depends, testifies
3. in the interest of justice

Question 8

BY AGREEMENT:

Answer 8

there should be informed agreement or consent between the parties

Question 9

WHERE THE PERSON TESTIFIES:

Answer 9

-testifies at a later stage in the proceedings- s3(1)(b)
- testifies sometime in the future- s3(3)