The Student Room Group

Please help! Evidence law admissibility question.

How would admissibility of the following be determined?

The defendant is charged with burglary, having been accused of breaking into a cafe. The cafe was locked but its lock was cut open.

'The prosecution seek to adduce a text message that the defendant sent to his friend. In the text, the defendant had written 'I need your bolt cutters. Are you free tonight?'


At first I thought this would come under hearsay, but hearsay does not concern something said by the defendant, as he/she can be cross-examined in court?
(edited 5 months ago)
Reply 1
Original post by stellalops
How would admissibility of the following be determined?

The defendant is charged with burglary, having been accused of breaking into a cafe. The cafe was locked but its lock was cut open.

'The prosecution seek to adduce a text message that the defendant sent to his friend. In the text, the defendant had written 'I need your bolt cutters. Are you free tonight?'


At first I thought this would come under hearsay, but hearsay does not concern something said by the defendant, as he/she can be cross-examined in court?

So for me, I would read the chapter on this subject in your text book. Then perhaps work through one or two of the examples given and then finally I would be in a position to answer the question you have posed.

Good luck!
Reply 2
Original post by hotpud
So for me, I would read the chapter on this subject in your text book. Then perhaps work through one or two of the examples given and then finally I would be in a position to answer the question you have posed.

Good luck!

Hi,
Thanks for your reply to this.
I have read through the relevant chapters of several textbooks (using Perlego for the additional ones), and I still can't get my head around whether something said by the defendant would constitute hearsay. I understand the effect of cases like Kearley, but in that case and those similar to it, the messages were received by the defendant, but not spoken by the defendant himself.
Reply 3
Original post by stellalops
Hi,
Thanks for your reply to this.
I have read through the relevant chapters of several textbooks (using Perlego for the additional ones), and I still can't get my head around whether something said by the defendant would constitute hearsay. I understand the effect of cases like Kearley, but in that case and those similar to it, the messages were received by the defendant, but not spoken by the defendant himself.

So it seems to me like it is the language you don't understand. Have you looked up hearsay in a dictionary? Have you also discovered Google? I looked up hearsay for myself as I was unsure and then second search term was "hearsay evidence". It is clearly a thing and lots has been written on it. Go and find the answer!

Quick Reply

Latest

Trending

Trending