W7 MCQ Flashcards
Which of the following best describes hearsay?
A. A statement made out of court which is tendered in evidence as proof of the matter stated
B. A statement made out of court that the person who made it intended another to believe
C. A statement made out of court
D. A statement made out of court, that the person who made it intended another to believe, subsequently tendered in evidence, as proof of the matter stated
D. A statement made out of court, that the person who made it intended another to believe, subsequently tendered in evidence, as proof of the matter stated
Hearsay evidence is defined in s.114 and s.115 Criminal Justice Act 2003. If the advocate wants to use evidence of the out of court statement to prove that what was said was true and the apparent purpose of the maker of the statement was to cause another person to believe the matter stated then it is a hearsay statement and can only be admitted by one of the ‘gateways’.
Which of the following is hearsay?
A. Where the out of court statement made is made by a person, who intended a machine to operate on the basis that the matter is as stated, which is tendered in evidence as proof of what was said was true
B. Where the out of court statement helps prove a fact in issue
C. Where the out of court statement explains the defendant’s state of mind on some other occasion
D. Where the out of court statement is relevant to the listener’s statement of mind
E. Where the out of court statement is a fact in issue
A. Where the out of court statement made is made by a person, who intended a machine to operate on the basis that the matter is as stated, which is tendered in evidence as proof of what was said was true
This reflects the definition of hearsay evidence in s.114 and s.115 Criminal Justice Act 2003. The other options were all examples of classes of original evidence.
Which case contains the three-stage test to help ascertain whether communications are hearsay or not?
A. R v Galbraith
B. R v Twist
C. R v Turnbull
B. R v Twist
Ascertaining whether communications are hearsay or not has proved difficult in practice, so the three stage test in R v Twist has been used.
Which one of the following is not part of the three stage test from R v Twist that is generally used to identify whether evidence is hearsay evidence or not?
A. Identify the matter sought to be proved
B. Identify the relevant question in the communication
C. Was it one of the purposes of the maker of the communication that the recipient or any other person should believe that matter or act upon it as true?
D. Is there a statement of the relevant matter to be proved in the communication?
B. Identify the relevant question in the communication
This is not part of the three stage test from R v Twist. If the communication is a question such as a request for drugs, it is not a statement at all, so hearsay does not arise.
What is original evidence?
A. A relevant statement adduced to prove that the statement is true
B. A relevant statement adduced for some reason other than to prove that the statement is true
B. A relevant statement adduced for some reason other than to prove that the statement is true
Original evidence is admissible provided it is relevant and may be admitted as evidence proving a fact in issue
