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Evidence

Hearsay (8)

4/1/2017

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The statement and matter stated are the issues which enable the evidence to be admitted under the ground of the implied assertion 
The common law decision of the case of R v Kearley [1992] was reversed due to the effect of the implied assertion. 
In this case, police answered the personal call and telephone call from people asking about drugs that the defendant had for sale. 
Prosecution wanted to adduce evidence to prove that the call's recipient was a drug dealers without evidence from the callers. 
The House Of Lords later held that the caller's words were hearsay and therefore inadmissible. 
Later the decision, was reversed due to the fact that words of the caller do not fall within the meaning of any matter stated as the purpose of the calls was not to cause others to believe that he is a drug dealer but simply to request for drugs.  ( R v Chrysostomou [2010], R v MK [2007] and R v Singh [2006].
The message did not consists or contain statement that he was a drug dealer for others to believe. Even it could be said that it may amount to an implied assertion that he was but his purpose was not to cause other to believe that he was a drug dealer. 
The message justified that there was an existing relationship between buyer ( sender) and seller ( defendant).
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