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Rule against hearsay

  • 20-01-2010 4:05pm
    #1
    golum
    Closed Accounts Posts: 70 ✭✭


    Would be obliged if anybody could throw any light on what exception to the above rule witness testimony would fall under if the testimony in question purported to repeat a conversation between witness and accused. Testimony along the lines of "he told he me did x, y, z...." I would have thought such evidence to be inadmissable... but that appears not to be the case. Any opinions welcome.
    Thanks


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Inculpatory statements are an exception to the hearsay rule.


  • #3
    golum
    Closed Accounts Posts: 70 ✭✭golum


    Thanks for the reply, but I am wondering what the situation is where the pre-trial statement does not amount to a confession.


  • #4
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    An inculpatory statement need not be a full confession to the offence in question. It need only be inculpatory. E.g. 'I was there' can be inculpatory.


  • #5
    eagle_&_bear
    Registered Users, Registered Users 2 Posts: 328 ✭✭eagle_&_bear


    Look at the categories in McGrath on evidence, specifically the categories dealing with dying declarations, etc

    They are other areas which are an exception to the exception of the general rule

    If you're looking to remember them, sometimes its easier to draw a flow chart- worked for me when trying to get hearsay into my head.I can scan in document if it helps in any way


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