The appellant had been seen to hit another car while parking in a Sainsbury’s car park, and to have driven off. She appealed her conviction for driving without due care and attention and of failing to report the accident. The court admitted as evidence a log of the report of the incident to the police. The defendant said that was hearsay evidence which should not have been admitted.
Held: ‘hearsay is inadmissible unless it can be brought within an exception defined in the legislation. ‘ The log was multiple hearsay being a record of what was said to the police operative of what was hearsay to the car owner. The magistrates had admitted the log as a business document. The test was whether the car owner’ had personal knowledge of the matter reported. They did not. The evidence should however have been admitted on other grounds under 114(2)
Judges:
Scott Baker LJ, Leveson J
Citations:
[2006] EWHC 1271 (Admin)
Links:
Statutes:
Criminal Justice Act 2003 114-136
Road Traffic, Criminal Evidence
Updated: 06 July 2022; Ref: scu.242299
