70109 Study Guide - Final Guide: 3 Women, Hearsay
Document Summary
Step 1: who is maker and what is the representation? (cid:862)representation(cid:863) Only they can truly know what they meant by their representation. (cid:862)fa(cid:272)t intended to (cid:271)e asserted(cid:863) The fact the maker meant by their representation. Hearsay is only relevant to proving what a maker intended to assert by their representation, not whether they actually made the representation. (cid:862)hearsay use(cid:863) Using the representation, witnessed by someone, to prove as a fact what the maker intended. *if hearsay evidence is not being adduced/intended to prove the existence of an asserted fact, then it is admissible* Subramniam v public prosecutor: distinguish intention from truth. Facts: duress defence ran after captured as pow -> trial judge ruled out evidence of conversations (cid:271)et(cid:449)ee(cid:374) d & other ar(cid:373)(cid:455) (cid:373)e(cid:373)(cid:271)ers (cid:449)here said (cid:862)he (cid:449)ould die(cid:863) if he did(cid:374)(cid:859)t (cid:272)arr(cid:455) (cid:449)eapo(cid:374)s. Held: irrelevant whether the statement is true or not, relevant consideration is whether s truly believed he would die.
