Flashcards
Hearsay Flashcards
Cards in this deck (9)
- 1What was set out in the cases of Kearley and then Singh?Implied assertions first not allowed, but now admissible, but the statement must have not been made to make person believe the statement
- 2Ratten and gilfoyle set out what principle?Its not hearsay if you use it to prove the truth of its contents e.g. state of mind like fear (s114(1) CJA'03)
- 3Amendments from which case meant that pieces of evidence that would have previously been caught no longer will be caught?N
- 4When in regard to S116(2)(d) person cannot be found, we must consider the resources of the police and the witness importance. Which case?Coughlan
- 5Maher v DPP set out which principles?There is an interest of justice and this is the overriding objective to ensure the defendant receives a fair trial
- 6Andrews set out what principlesRes Gestate - was the nature of the event such to make instinctive reaction? time between the two? special features to suggest dishonesty or mistakenness?
- 7What are the 3 common law exceptions to hearsay?Expert evidence, res gestae and common enterprise
- 8What are the 5 conditions in s116 that makes hearsay admissible?relevant person is dead
person ins unfit
person is outside uk
person cannot be found
person is fearful - 9What are the 4 points to bear in mind in terms of hearsay?1: statements made out of court by a person. If made automatically by machine then rule does not apply.
2: Statement must be representation of fact or opinion, and assertion that something is so.
3: Must have been meant as an assertion for what it was (singhhhh)
4: Directed only against use of out of court statement as evidence of matter stated in it - think of ratten, gilfoyle - relevant purposes are admissible
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- Degree LAW Flashcards on Hearsay Flashcards, created by Katie Bovington on 29/04/2017.
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- Katie Bovington
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