Hearsay is offered to prove the truth of its contents in a BSA-governed trial. It falls within no…
Section 55 requires direct oral evidence, subject to applicable exceptions, and "The substantive inadmissibility is not cured merely by silence", so "Silence automatically…
Choose your answer
Hearsay is offered to prove the truth of its contents in a BSA-governed trial. It falls within no applicable exception and is substantively inadmissible, rather than suffering merely from a curable defect in proof. What follows if the defence does not object?
Answer and explanation
Correct answer B
Section 55 requires direct oral evidence, subject to applicable exceptions, and "The substantive inadmissibility is not cured merely by silence", so "Silence automatically makes the hearsay admissible" and "Admissibility depends only on the defence's willingness to object" are wrong. R.V.E. Venkatachala Gounder distinguishes intrinsic inadmissibility from an objection merely to the mode of proving an otherwise admissible document, which can be waived by failing to object in time.
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