Sean and Ryan are charged with arson by setting fire to Ian’s shop. A witness, Tim, makes a statement in which he says that he saw two men commit the offence and recognised one of them as Ryan. Another witness, Sunita, makes a statement in which she says that the day before the offence, she overheard Ryan (whom she knew) say to another male in a nightclub, “Ian has been disrespecting me and he’s going to be taught a lesson”.
Following Ryan’s arrest, DC Gem (the officer in the case)answers a call to Ryan’s mobile phone, the phone having been seized as evidence. The caller says, “Is that you Ryan, bruv? You better lie low after that business with Ian’s shop. That’s all I’m saying.”
DC Gem later called on Eric who owns a hardware store. Eric was able to show him CCTV footage, recorded the day before the offence, of Ryan buying a container of methylated spirits. The CCTV camera was in perfect working order and had been recording accurately. The container shown in the footage is very similar in appearance to the one that was found by police near the scene of the fire.
Later, Eric makes a statement in which he identifies the container found near the scene of the fire as having come from his store.
Before the trial, DC Gem is informed that Dev is too frightened to give evidence,having been threatened by an associate of Ryan’s. He is also informed that Eric has suffered a severe stroke and is too ill to attend to give evidence at trial that he identified the container as having come from his store.
(a) If Tim could not be present at trial to give
evidence about what he saw, but the prosecution wished to adduce his statement,
explain (with reasons) whether the statement is hearsay. [2 marks]
Tim’s statement is hearsay. Tim’s purpose in making the statement is to cause another to believe the matters stated [1 mark]
And the purpose for adducing it is to prove the matters stated. [1 mark]