5,109
edits
Difference between revisions of "Pleading Not Guilty and Criminal Trials (1:VII)"
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Pleading Not Guilty and Criminal Trials (1:VII) (view source)
Revision as of 13:59, 25 August 2022
, 13:59, 25 August 2022→a) Common objections
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:::There are some categorical exceptions to the hearsay rule, where evidence, even though introduced for a hearsay purpose, will generally be admissible if the prerequisites for that exception are met. These are called the “traditional” exceptions to the hearsay rule and include: | :::There are some categorical exceptions to the hearsay rule, where evidence, even though introduced for a hearsay purpose, will generally be admissible if the prerequisites for that exception are met. These are called the “traditional” exceptions to the hearsay rule and include: | ||
:::# | :::# Voluntary confessions; | ||
:::# | :::# Dying declarations; | ||
:::# | :::# Declarations against the interest of the declarant; | ||
:::# | :::# Records made in the usual course of business and in the course of a duty which are admissible under the Canada Evidence Act (for example, hospital medical files); | ||
:::# | :::# Declarations of a state of mind or bodily condition as evidence of the state reported, but not of its cause (for example, using the declaration “I’m cold” to establish that the person making the statement was cold, but not using it for the assumption that the weather outside was cold that day); | ||
:::# | :::# Statements of intention (used to increase the probability that the person who made the statement actually performed that intended action); | ||
:::# | :::# Spontaneous declarations (''Res Gestae'' - statements made so closely to the event that they are connected to it); and | ||
:::# Past Recollection Recorded. | :::# Past Recollection Recorded. | ||
