Hearsay evidence

Question 1

What is the definition of Hearsay?

Answer 1

s. 1 CEA 1995: any statement made otherwise than by a person while giving oral evidence in the proceedings, which is tendered as evidence of matters stated
i. e. an out of court statement, which is tendered at trial for the truth of it’s contents

Question 2

Patel

Answer 2

Hearsay can include written hearsay

Question 3

Chandrasekera/Gibson

Answer 3

Hearsay evidence can include desturs

Question 4

Myers

Answer 4

Tendered for its testimonial effect - i.e. being adduced to establish to truth of its contents (in this case, business cards from a factory)

Question 5

Subramaniam

Answer 5

original evidence - tendering the statements as proving that they were made, not trying to establish the truth of their content

Question 6

Wright v Doe d Tatham

Answer 6

Hearsay rule applies to implied assertions, i.e. not intending to assert a fact, but appears to rest on an assumption that the maker of the statement believes to be true, and adduced at trial to suggest the existence of such an assumption

Question 7

Kearley

Answer 7

police receiving calls from people asking about drugs (to the defendant) = hearsay, as the only reason they would want to adduce such statements would be to rely on the implied assertion that Kearley was a drug dealer - reiterated in O’Connell

Question 8

s.115(3) CJA 2003

Answer 8

only if a purpose appears to be to cause another to believe the matter/cause another to act on the basis that the matter is as stated

Question 9

Singh

Answer 9

s.114 and 118 taken together abolishes the inadmissibility of hearsay, and created a new rule which did not extend to implied assertions

Question 10

Chrysostomou

Answer 10

circumstantial evidence is no longer inadmissible hearsay

Question 11

Meaning of statement

Answer 11

Something that is said for the purpose of making someone believe it

Question 12

Isichei

Answer 12

Statement if it has been said to make someone believe it

Question 13

R v KN

Answer 13

Entries into diary did not constitute a statement - not intended to convey information to others

Question 14

Jenkins

Answer 14

Justification for hearsay:

not on oath, no ability to cross-examine, not made in front of the defendant, risk of distortion etc

Question 15

Teper

Answer 15

Truthfulness and accuracy cannot be tested by cross-examination, and the demeanour is lost

Question 16

What statute now largely governs hearsay?

Answer 16

CJA 2003

Question 17

What are the 4 grounds under s.114 for admissibility of hearsay

Answer 17

Any provision in this statute or other statutes allow it to be admitted/any rule of law preserved by s.118/agreement/it is in the interest of justice

Question 18

Case for agreement

Answer 18

Williams

Question 19

Res Gestae - s.118 - preserved common law exception

Answer 19

4 grounds of automatic admissibility

Question 20

s.118(1)(4)(a)

Answer 20

statements by those emotionally overpowered by an event, but must be related to the event

Question 21

Beddingfield

Answer 21

must be contemporaneous to the event

Question 22

Ratten

Answer 22

phone call just after attack was res gestae

for the trial judge to be satisfied that it was clearly made in circumstances of spontaneity, and involvement in the act

Question 23

Andrews

Answer 23

leading case - guidelines:
Spontaneity
Lack of special features
Dramatic event
statement related to the event

Question 24

Carnall

Answer 24

1 hour after an attack was res gestae (fatal attack)

Question 25

Tobi

Answer 25

Dangerous driving - 20 minutes later, not res gestae

Question 26

s.118(1)(4)(b)

Answer 26

Statements accompanying an act, and necessary to evaluate it

Question 27

Howe v Malkin

Answer 27

So mixed up in the act, that it is impossible to separate it

Question 28

s.118(1)(4)(c)

Answer 28

Contemporaneous statements of physical/emotional sensation - i.e. relating to the defendant’s state of mind

Question 29

Averson

Answer 29

Not in good health - admitted

Question 30

Gloster

Answer 30

only if linked to the sensation, and does not include attribution as to its cause

Question 31

Black

Answer 31

Small delay seems acceptable

Question 32

Gilfoyle

Answer 32

suicide note - not suicidal nature

Question 33

Thomas v Connell

Answer 33

Can include emotions

Question 34

s.116 CJA 2003

Answer 34

Unavailable witness

Question 35

Grounds of automatic admissibility under s.116 CJA 2003

Answer 35

Death, unfitness to give evidence (bodily/mental condition), outside the UK and not reasonably practicable to attend, or the statement maker cannot be found

Question 36

Such grounds must be proved to the appropriate standard

Answer 36

R v Minors

Question 37

Bodily/mental unfitness

Answer 37

normally requires a medical notice, and regards their ability to give evidence, and not their ability to reach court - DPP v R

Question 38

Reasonably practicable

Answer 38

weigh up a number of factors - degree of prejudice, importance of the statement, the expense to secure attendance - Ishmael Adams/ R v Castillo

Question 39

Fear

Answer 39

Waters: fear has to be genuinely held.
Doherty: balance between the assessment of fear, and an objective assessment of overall fairness

Question 40

s.117 CJA 2003

Answer 40

Adduction of business records to prove the truth of the information contained within it
must be in the course of business etc

Question 41

Martin

Answer 41

Fear includes any mistaken beliefs in threats

Question 42

Hearsay in civil cases

Answer 42

governed by the Civil Evidence Act 1995 - s.1 - basically admissible given notice, and admitted unless challenged

Question 43

Dodson

Answer 43

Real evidence is not hearsay (CCTV footage)

Question 44

Spiby

Answer 44

telephone call logs were real evidence, and admissible