Hearsay and Confrontation in Criminal Trials

By Andrew L.-T. Choo | Go to book overview

3
The Hearsay Rule in Operation (and Inoperation)

This Chapter considers diverse situations which are linked in some way to the rule against hearsay. They range from situations in which the hearsay rule has been applied with vigour, with resulting unfairness to accused persons, to situations in which the rule has been ignored or misapplied. The aim in this Chapter is not to develop a particular theme, but simply to highlight the fact that the hearsay rule is a potentially far-reaching one, albeit one which has been conveniently sidestepped in some circumstances.


THE LEGACY OF MYERS

Myers was applied by the Privy Council in two cases soon afterwards. In Joitabbai s/o Khodabhai Patel v. Comptroller of Customs1 it was held that legends written on bags which read 'produce of Morocco' could not be used to prove that the goods contained in the bags were produced in Morocco. Similarly, the Privy Council held on the same day in Comptroller of Customs v. Western Lectric Co. Ltd.2 that words indelibly stamped into various implements could not be admitted in evidence to prove their country of origin.3

Much academic ink has been spilt on the issue of whether the decision of the Court of Criminal Appeal in R. v. Rice4 represents good law. This decision pre-dated Myers and was relied upon both in the decision of the Court of Criminal Appeal in Myers (which was later to be overturned by the House of Lords), and in Lord Pearce's dissenting speech in the House of Lords. The majority of the House of Lords made no mention of the case.

At issue in Rice was the admissibility in evidence of a used airline ticket which bore two names, Rice and Moore, to prove that either of them had taken particular flights. The ticket was produced by an airline representative

____________________
1
[ 1966] AC 356.
2
[ 1966] AC 367.
3
See also R. v. Sealby [ 1965] 1 All ER 701; R. v. van Vreden ( 1973) 57 Cr.App.R 818; R. v. Brown [ 1991] Crim. LR 835 (evidence of name on shoe cannot be admitted to prove ownership of shoe).
4
[ 1963] 1 QB 857.

-44-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
Hearsay and Confrontation in Criminal Trials
Table of contents

Table of contents

  • Title Page iii
  • General Editor's Introduction v
  • Preface vii
  • Contents ix
  • Table of Cases xi
  • Table of Statutory Material xxii
  • 1 - The Rule Against Hearsay in Criminal Trials 1
  • 2 - The Rationales for the Rule 11
  • Conclusion 42
  • 3 - The Hearsay Rule in Operation (and Inoperation) 44
  • Conclusion 73
  • 4 - Implied Assertions 74
  • Conclusion 100
  • 5 - Common Law Exceptions to the Hearsay Rule 102
  • Conclusion 141
  • 6 - Statutory Exceptions to the Hearsay Rule 143
  • 7 - Reform Options 163
  • 8 - Conclusion 192
  • Appendix A: United States Federal Rules of Evidence 201
  • Appendix B: Evidence Act 1995 (Commonwealth of Australia) 207
  • Appendix C: Law Commission Consultation Paper--Suggestions for Reform 214
  • Bibliography 217
  • Index 231
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 244

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.