Analysis of s114 (1) Criminal Justice Act 2003
S114(1) Criminal Justice Act 2003 stated that, hearsay in criminal proceeding is in " Criminal proceeding statement not made in oral evidence in proceeding is admissible as evidence of any matter stated if, but only if ....... "
What is " statement"
Based on statutory provision of s115(2) Criminal Justice Act 2003, statement is a representation of fact or opinion made by a person in whatever means which may include photofit, sketch or other pictorial form.
Based on common law rule of the case of Chandrasekera v R , in this case, the victim of the attack was unable to talk due to the injury sustained and therefore uses a sign to indicate the responsible defendant. The privy council later held that the rule against hearsay is still applicable in this case.