grisham
( User )
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 Re:Can someone be sentence on hear-say evidence? (Posted on: 2012-01-31 09:50:04)
Hearsay evidence can be heard following a hearsay application. The defence counsel would have been entitled to challenge the merits / credibility of the evidence as spoken or heard in the 3rd person. However it sounds as if your friend was convicted by a jury, whom I assume evaluated the trial evidence. It is often the case of one persons word against another; this however is not hearsay as it involves and is given by the primary. Judges summing up generally is around the finer points of law and reflecting on the ingredients of the offence, points which the prosecution need to prove and the strengths and weaknesses of both the defence to those ingredients and to the prosecutions case. In short he can give opinion but unless admissions are made he is not really in a position to direct. So can anything be done? well his counsel now must advise him in writing of the outcome and any appeal chances (either way). Hope this helps
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