Multiple choice

‘A’ is on trial for the murder of ‘C’. There is evidence to show that ‘C’ was murdered by ‘A’ and ‘B’, and that ‘B’ said – ‘A’ and I murdered ‘C’. As against ‘A’, this evidence is

  1. not to be taken into consideration as the evidence is hearsay

  2. to be taken in to consideration as it is direct

  3. not to be taken into consideration as ‘A’ and ‘B’ are not being jointly tried

  4. to be taken into consideration as ‘A’ and ‘B’ are accomplices
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

A co-accused's statement implicating another accused is admissible only when they are tried jointly. When A and B are tried separately, B's confession 'A and I murdered C' becomes hearsay evidence against A and cannot be used to establish A's guilt. This rule prevents one accused from effectively becoming a prosecution witness against another without the safeguards of a joint trial where both can cross-examine each other.

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