Scribd
Upload
393 views1 page

Evidence Mind Map 3

This document discusses different types of evidence that may be admissible in court, including hearsay exceptions. It notes that for a statement to fall under the res gestae exception to hearsay, the statement must be made at or around the same time as the act and be spontaneous. It also discusses dying declarations as admissible evidence when a statement is made by a deceased person about the cause of their death. The best evidence rule requires that the best available proof is presented to the court.

Uploaded by

Chemenda Chantek
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
393 views1 page

Evidence Mind Map 3

This document discusses different types of evidence that may be admissible in court, including hearsay exceptions. It notes that for a statement to fall under the res gestae exception to hearsay, the statement must be made at or around the same time as the act and be spontaneous. It also discusses dying declarations as admissible evidence when a statement is made by a deceased person about the cause of their death. The best evidence rule requires that the best available proof is presented to the court.

Uploaded by

Chemenda Chantek
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Statement should be made at or about

the same time the act was being done


Hearsay
Contemporaneity & Spontaneity must
Evidence
"Things be shown before statement made
Done" Direct admissible
S.6 - S.9 EA & S.14 EA Evidence
Statement can be made by the
parties to the transaction or by RES
Res Gestae DEF:Statement made by a Statement Maker may or may
bystander Hearsay: GESTAE person not available as a not DIED
Statement Should be made at or Admissible as witness
about same time the act was being Evidence
done Purpose : Admit Evidence which are usually subject to rule of
exclusion to enable the court to look at the event in proper
prospective

S.32 (1) A: Statement made by a person who is Statement (Oral/Written made by a deceased at the time of
dead, un-found or incapable of giving evidence DYING
dying concerning the cause of his death
in the court, are relevant facts when the DECLARATION
statement is made by person as to cause of his
death or circumstances resulting to his death in Declaration that is made upon expectant of death
cases which the cause of his death come into
question

BEST The best proof that the nature of the thing will afford is only
Adduced Primary Evidence 1st, if no 1'
evidence then only adduced Secondary EVIDENCE required
Evidence RULE
S.5 EA: All evidence is relevant & admissible if they are
connected to FII or Relevant Facts

Dr.NisaAzman MEL2020

You might also like