18321266
Descrição
FlashCards por adriana calles, atualizado more than 1 year ago
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Criado por adriana calles
aproximadamente 5 anos atrás
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| Questão | Responda |
| Twist | (cocaine possession, he received 24 mssgs requesting drugs) court, to approach if it's hearsay: 1) identify what relevant fact is there to prove? Twist is a supplier 2) If there a statement of that matter in the communication? Text mssgs 3) Do they suggest he is a supplier? No, just requests. |
| Maher v DPP | (damaged car in a parking, the statement is a note left in the car) Example of admission under interest of justice, conviction was safe |
| R v Andrews | (victim indentifying who stabbed him, but there was alcohol involved and previous malas) Court says to look at: 1- can possibility of distortion be disregarded? 2- judge considers circumstances where the statement was made, if thoughts could be dominated 3- to be spontaneous needs to be closely to the event 4- consider special features like malice 5- consider error + judge must make it clear to the jury that it's ultimately for them to decided |
| R v Riat | test in 125 different from Galbraith. It involved looking at: - strenghts and weaknesses of hearsay evidence - tool available for the jury - importance to the case |
| Grant v State | direction to the jury to be aware of potential weaknesses : - no made on oath - author not tested in cross-examination - risks of relying on hearsay |
| Al-Khawaja | (unavailability due to death) CA: right to cross-examination was merely one of the rights, admission not incompatible with the overall concept of fair trial, strong public interest in making such evidence admissible, and that the test is to look for fairness in the proceedings as a whole |
| Tahery | (declined to give evidence for fear of retaliations) The judge allowed the statement to be read out in court and later dismissed the appeal against conviction |
| Horncastle | no violation of Article 6 if a conviction were based solely or to a decisive degree on hearsay evidence. Where the hearsay evidence was demonstrably reliable, or its reliability could properly be tested and assed, it said, there would be sufficient counterbalancing measures and the trial would be fair. |
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