JSB171 Lecture Notes - Lecture 1: John Toohey (Judge), C. J. Wilson, Hearsay
Document Summary
Exception to hearsay : hearsay rule should be flexibly applied | requires common sense and justice | should produce consequences that show that the law is attuned to society (deane j in walton) If evidence is inherently reliable, admissible even though would otherwise be hearsay: discretionary exception. : bannon (confession that someone else had made to the crime inadmissible || also said court would not make any more exceptions to the hearsay rule) = identification of other party to the call made in the course of an ordinary social or business call, overheard by third party is admissible: pollitt; walton per deane j: rationale inherent trustworthiness of contemporaneous statements identifying phone callers: Walton per mason cj; pollitt per mchugh j: timing , identification of person during or immediately before or after phone call: deane j in. Walton & pollitt; also pollitt per mchugh j (during or immediately before and after.
