Examination Timing: 00H00M05S
A woman has died. A few days after her body was found, her husband went to a bar and became very drunk. He admitted to a friend that he had killed his wife because he was jealous of her relationship with another man. This conversation was overheard by the manager of the bar. The husband's friend and the manager gave statements to the police detailing the husband’s admission. The husband has been arrested on suspicion of murder and interviewed under caution, during which he denied killing his wife and denied making the admission to his friend. Is the husband’s admission to his friend in the bar admissible at his trial as an exception to the rule against hearsay?
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Under the Criminal Justice Act 2003, an admission by a defendant is generally admissible as evidence against them. An admission is defined as a statement by a person which is adverse to their interest. In this case, the husband’s admission to his friend that he killed his wife qualifies as an admission to an offence, and it is therefore admissible as an exception to the rule against hearsay. The fact that the husband was drunk when he made the admission or that he later denied it in an interview does not prevent the admission from being admissible. The court will consider the circumstances in which the admission was made, but the key point is that it is an admission to a serious offence.
Key Point: Admissions by a defendant are generally admissible as evidence against them under the Criminal Justice Act 2003. The context and circumstances of the admission will be considered, but the core principle is that such admissions are exceptions to the rule against hearsay.
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