Queensland Bar Exam Evidence Practice Questions - Queensland Bar Examination - Evidence Paper Exam

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A witness testifies that a bystander shouted 'the blue car ran the red light!' immediately as the collision occurred. Counsel objects that this is hearsay. On what common-law basis might the statement nevertheless be admitted to prove the blue car ran the light?

As a business record under s 92 of the Evidence Act 1977 (Qld). Under the dying declaration exception, since the bystander spoke at the scene. As an admission against interest by the bystander. As part of the res gestae, being a spontaneous statement made under the pressure of a startling event so as to exclude concoction.

Correct Answer:

As part of the res gestae, being a spontaneous statement made under the pressure of a startling event so as to exclude concoction.

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