Prove the truth of the Content
Rule against hearsay
The item of evidence would only be excluded if the purpose of adducing such evidence is to establish the truth of the fact stated.
Sparks v R
Defendant was charged with indecent assault of 4 years old girl. The mother while giving evidence at a preliminary hearing said that her daughter indicated that she had been taken out by the car by the person who assaulted her. The mother asked for the features of the person and the daughter told that he was a coloured boy. The girl was not giving evidence in court due to age.
The evidence of the matter was inadmissible as infringing hearsay rules. As a result the defendant who was caucasian was convicted and appealed. He contended that it was unjust for the jury to be misguided and left with no ideas about the identity of the assailant.
The defendant was relying on that statement for the truth of what she had asserted and hearsay rule applied.
Privy council upheld the ruling of the judge.
However, today, such statement is admissible under s114(d) Criminal Justice Act 2003.