Tepper v. The Queen [1952] A.C. 480
Citation: Tepper v. The Queen [1952] A.C. 480
Rule of thumb: Can hearsay evidence be relied upon in Court? No, a person cannot be named in a Judgment unless they actually appear as a witness. An important foundational point of procedure was established by the Court. What a 3rd party said cannot be relied on in Court unless the 3rd party is actually named as a witness in the case & undergoes examination on it.
Judgment:
An important foundational point of procedure was established by the Court. What a 3rd party said cannot be relied on in Court unless the 3rd party is actually named as a witness in the case & undergoes examination on it, "The rule against the admission of hearsay evidence is fundamental. It is not the best evidence and it is not delivered on oath. The truthfulness and accuracy of the person whose words are spoken to by another witness cannot be tested by cross-examination, and the light which his demeanour would throw on his testimony is lost... This court does not find in any [of the cases cited] any authority for the proposition advanced in this case that hearsay evidence is admissible in a criminal case to show that a third party who has not been called as a witness in the case has admitted committing the offence charged. The idea, which may be gaining prevalence in some quarters, that in a criminal trial the defence is entitled to adduce hearsay evidence to establish facts, which if proved would be relevant and would assist the defence, is wholly erroneous’, Lord Normand
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