Page 342 - Magistrates Conference 2019

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(b) Hearsay
Hearsay evidence is any statement that is made by a person other than the person giving oral

evidence and is tendered to prove the truth of some fact that has been asserted. Such evidence is
generally not admissible: Shaw v Roberts (1818) 2 Stark 455

The reason for the hearsay rule is that the truthfulness and accuracy of the person whose words
are spoken to another witness cannot be tested by cross examination, since the speaker is not or

cannot be called as a witness: Teper v R [1952] 2 All ER 447 at 449.

Despite the general rule, magistrates must determine the purpose for which the evidence will be

used before peremptorily excluding it under the hearsay rule. For instance, evidence of a
statement made to a witness by a person who is not himself called as a witness, is not hearsay if

it is tendered only to prove the fact that the statement was made, and not to prove the truth of its

contents: Subramanian v Public Prosecutor [1956] 1 WLR 965

Similarly, a magistrate must decide whether a statement made to a witness by a person who is
not called to be a witness may or may not be hearsay.

Magistrates must ensure that any witness who gives evidence on a matter, has direct personal

knowledge of the evidence contained in the statement especially where the prosecution relies on
the evidence as being the truth of what is contained in the statement: R v Springer (1968) 12 WIR

446

The common law exceptions to the hearsay rule include:

2 Anguilla - Evidence Act Chap. E65, section 35
Antigua and Barbuda - The Evidence (Special Provisions) Act No. 5 of 2009, sections 37, 42, 43
Barbados - Evidence Act Cap. 121, section 52
Belize - Evidence Act Chap. 95, section 105
Grenada - Evidence Act Cap. 92, section 30, 36
Guyana - Price v The State (1982) 37 WIR 222
Jamaica - Evidence Act, sections 31D, 67
Montserrat – Keithroy Lloyd v The Queen HCRAP 2011/002;
St Kitts and Nevis -Evidence Act No. 30 of 2011, section 67, Part VIII of the Evidence Act
St Lucia - Evidence Act Cap. 4.15, section 48, Part 4 of the Evidence Act
St Vincent and the Grenadines - Antoine v The Queen VC 2004 CA 18
Trinidad and Tobago - Evidence Act Chap 7:02 section 5(c)
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