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Hearsay Evidence

Shannon Russell 50 questions

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Questions in this quiz (50)

  1. 1Primary hearsay - direct evidence that a statement was made (irrespective of its truth or falsehood) and is admissible solely for that purpose.
    Secondary hearsay - evidence that is the truth of what is contained in a statement made by someone other than the witness.
    1. ATrue
    2. BFalse
  2. 2A man charged with possession of ammunition claimed that he had been under duress by terrorists and sought to bring hearsay evidence of what they said to him. This was admissible - the point at issue was whether the statements ere made. Thus, if the accused felt under duress, not whether the content of the statements were true, that terrorists would carry out the threat.
    1. AHMA v Flanders
    2. BSubramaniam v Public Prosecutor
    3. CPatterson v HMA
  3. 3McLaren was charged with keeping a house as a brothel. Evidence given by police about third parties in the house talking about short time was admissible as this was evidence only that the conversations took place and cast light on the nature of the premises. The implied assertion was that the house was kept as a brothel, not that she was a madam.
    1. AHMA v Ronald
    2. BLow v HMA
    3. CMcLaren v Macleod
  4. 4A police officer gave evidence of of a witness who said that two men asked to be directed to a person who sold drugs, and she referred them to the house in the indictment. Not admissible as it could lead to the identification of the accused as the person the witness contacted so could be prejudicial.
    1. AHMA v Joseph
    2. BO’Hara v SMT
    3. COgilvie v HMA
  5. 5Res gestae covers statements, physical reactions such as vomitting, express and implied assertions of participants and observers.
    1. ATrue
    2. BFalse
  6. 6Res gestae is admissible insofar as there is a close association between the utterance and the event. There is no need for contemporaneity though there must be no time for reflection.
    1. AO’Hara v SMT
    2. BO’Shea v HMA
    3. CO'Farrell v HMA
  7. 7The complainer who had earlier refuted advances from the accused was found naked with him, immediately saying 'he raped me'. This was held not to be part of the res gestae as the utterance was made after the event.
    1. ACordiner v HMA
    2. BCollins v HMA
    3. CCinci v HMA
  8. 8The accused was convicted of murder and attempted murder which followed from a brick having been put through his window. Evidence that his girlfriend said 'those bastards put a brick through my window and my man is round there' held part of res gestae. The test is whether the statement is part of the event or part of the report - anything said in the vicinity of the event part of res gestae until point event ended.
    1. AO’Shea v HMA
    2. BO'Hara v HMA
    3. CCarberry v HMA
  9. 9Does the court allow any latitude of time with respect to res gestae where statement clearly made under continuing psychological pressure?
    1. AYes
    2. BNo
  10. 10De recenti statements are generally admissible
    1. ATrue
    2. BFalse

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Description
Quiz on Hearsay Evidence, created by Shannon Russell on 11/05/2015.
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English
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