Ratten v R, [1971] UKPC 23
Citation: Ratten v R, [1971] UKPC 23
Rule of thumb: If a person has stated something to a third party about a legal case, is this person a witness? Yes, they do become a witness, but this is a form of hearsay & should not be afforded too much weight in considering the facts.
Judgment:
The Court held provided the test for hearsay not being permitted and stated that anything which could raise a possibility of “concoction”, or “disengagement”/ “detachment” from the event, should not be allowed. It is for the Judge to decide how far wide to draw the full event and circumstances of the case, ‘Words spoken are facts just as much as any other action by a human being. If the speaking of the words is a relevant fact, a witness may give evidence that they were spoken. A question of hearsay only arises when the words spoken are relied on ‘testimonially,’ i.e. as establishing some fact narrated by the words... but whether this is sufficiently shown must be a matter for the trial judge’, Lord Wilberforce
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.