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Hearsay in domestic violence cases McDonald, Elisabeth

By: Material type: ArticleArticlePublication details: 2003ISSN:
  • 0028-8373
Subject(s): In: New Zealand Law Journal May 2003 : 174-176Summary: This article explores domestic violence prosecutions when the victim is absent. The 'inability' of the victim to testify leads to the admission of hearsay evidence. The author examines the definition of, and what constitutes the 'inability' to give evidence. Court cases are used to illustrate situations of victimless domestic violence prosecutions. Implications for policy are discussed, including the need to be explicit about how to best protect victims of domestic violence.
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This article explores domestic violence prosecutions when the victim is absent. The 'inability' of the victim to testify leads to the admission of hearsay evidence. The author examines the definition of, and what constitutes the 'inability' to give evidence. Court cases are used to illustrate situations of victimless domestic violence prosecutions. Implications for policy are discussed, including the need to be explicit about how to best protect victims of domestic violence.

New Zealand Law Journal May 2003 : 174-176