| Question | Answer | % Correct |
|---|---|---|
| Hearsay evidence is excluded unless ... ( Roberts and Zuckerman) | A well established exception to the exclusionary rule applies | 100%
|
| Which of the following is NOT part of the criteria in s117(2) for documentary evidence to be admissible if it would have been admissable in oral evidence | be a first person account | 100%
|
| Which case did w1 record D's reg number and leave in on the windscreen and w2 takes it to police but it was inadmissable because w1 didn't transmit to w2 in the course of business | Maher V Dpp | 100%
|
| Which case held that evidence is relevant if it is logically probative | R v Kilbourne | 100%
|
| What case held that if a witness refuses due to fear ( s116(2)(e) ) the fear does not need to be reasonable but must cause the refusal | R v McCullen | 100%
|
| The 3 stage test was decided in the case of ... | r v twist | 100%
|
| What must the purpose of the statement be under s115(3) | to cause other person to believe matter or to act on the basis the matter is as stated | 100%
|
| which of the following factors is not a valid reason for a witness being unavailable under s116(1) | unable to attend court due to work | 100%
|
| When considering if it can be admissible under s116(2)(e) courts must consider if it is necessary in the interests of justice considering ... | all of these factors and all other relevant factors | 50%
|
| hearsay evidence is defined s114(1) of the CJA 2003 as... | 'a statement not made in oral evidence' | 50%
|
| What is Sir Rupert Cross's defintion of Hearsay ? | ' A statement other than one made by a person giving oral evidence in the proceedings is inadmissable' | 50%
|
| What are the main compenants of the Roberts and Zuckerman definition of hearsay ? | out of court statements, adduced for their truth | 50%
|
| When are other previous statements NOT admissable | when the witness is unavailable | 50%
|
| When is a previous inconsistent statement admissable under S119(1): | when W accepts they made statements and proved the statement is contradicted by what they said at trial | 50%
|
| If all parties agree to admit the evidence under s114(1)(c) is it admissible | yes | 50%
|