Hearsay Evidence

Hearsay Evidence

1. s114(1) - defines hearsay 'a statment, not made in oral evidence that is relied on as evidence of a matter in it

   • the purpose s115(3) the purpose of the person making the statment must appear to the court to have been to cause another person to believe that the matter, or to cause another person to act on the basis that the matter is as stated.

2. hearsay is admissible within one of the four categories : s114(1)(a-d)

   • a) statutory provision  b) rue of law s118 c) parties agree to admissibility  d)interests of justice 
   • s116- cases where a witness is unavailable to attend court
     • the above section deals with first hand hearsay s116(2) (a)-(e)
       • page 362-363 
   • hearsay admissible in the interest of justice s 114(1)(d) the court must have regard to the factors in s114(2)
     • page 368-369

3. s117 business and other documents

   • page 365  s117(2)(a)-(c)
   • deals with multiple and first hand hearsay
     • if the statement was prepared for 'the purpose of pending or contemplated criminal proceeding or for criminal investigation s117(4)
       • s117(5) must be statisfied
         • a) any of the conditions set out in s116(2) b) the relevant person cannot reasonably be expected to have recollection of the matters dealt with in the statement
     • multiple hearsay
       • s121 the evidence is only admissible if it : admissible under s117,119,120 and all the parties agree to the statement being admitted

4. court can refuse a hearsay statement under under s117(6)

   • the way in which or the circumstances in which the document s117(7)

5. s118(1) confession mixed statement, res gestae

   • common law expectations