Admissibility after Finding
25. When there has been a finding of guilty and the trial continues to determine the appropriate sentence, evidence may be submitted in accordance with paragraphs 20 and 21 of QR 112.05, QR 112.47 and QR 113.13.
Hearsay Generally Excluded
26. (1) Except as provided in this Division, Division VI and Division VII, an extra-judicial statement is not admissible.
(2) Except where the declarant is an accused person whose confession is admissible under Division VI, and subject to subsection (4), the declarant must meet the same requirements for competence and qualification respecting his extra-judicial statement that a witness must meet under Division X, and the credibility of the declarant may be impeached or supported in the same way as that of a witness under Division X in so far as this is practical.
(3) Subject to subsections (4), (5) and (6), the reporting witness must be a competent and qualified witness within the meaning of Division X, and must personally have heard or seen the declarant make the hearsay statement in question.
(4) A witness who is a person who would be likely to know about the accused may report the reputation of the accused among those associated with him in accordance with sections 21 and 34.
(5) A witness may offer primary or secondary evidence of a document as permitted by Division XII, if the documentary statement concerned is admissible under section 51, 52, 53 or 54.
(6) An expert witness may quote the hearsay statement of another expert as permitted by sections 56 and 57.
Words as Facts in Issue
27. An extra-judicial statement is admissible and may be quoted by a reporting witness where the essential elements of the offence charged are such that the words constituting the statement might themselves be
(a) the very means or instrument whereby the offence charged was committed,
(b) as essential feature of the commission of the offence charged,
(c) an indispensable preliminary to the commission of the offence charged, or
(d) the substance of a legal defence to the offence charged.
Words Essential to Give Character to Acts that are Facts in Issue
28. (1) For the purposes of this section, “acts” does not include the uttering of coherent words.
(2) When a person has committed acts that are alleged to be criminal acts according to the charge, but their criminal character by themselves is ambiguous or doubtful, words of the actor or another person present that were substantially contemporaneous with the acts and that suggest some further inference concerning the nature or quality of the acts are, subject to subsection (3), admissible and may be quoted by a reporting witness.
(3) The words of a declarant under subsection (2) shall not be admissible if the party to whom the statement is adverse shows that the declarant had motive and opportunity before making the hearsay statement to contrive deceitful words to his own advantage, and in the particular circumstances was likely to have done so.
Words Essential to Prove Relevant Mental or Internal Physical State
29. (1) When the formation, occurrence or existence at some moment or during some period of a particular state of mind or internal physical condition of a person is relevant directly or indirectly to proof of the charge, words uttered by that person contemporaneously with the formation, occurrence or existence of that mental or physical state, and manifesting or implying something about the nature of it, are, subject to subsection (2), admissible and may be quoted by a reporting witness.
(2) The words of a declarant under subsection (1) shall not be admissible if the party to whom the statement is adverse shows that the declarant had motive and opportunity before making the hearsay statement to contrive deceitful words to his own advantage, and in the particular circumstances was likely to have done so.
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