What is the effect of hearsay evidence on a sentence of 3 months?
Alberta, Canada
The following excerpt is from R. v. Southwell, 1979 ABCA 327 (CanLII):
Leaving out of account altogether such evidence, as the learned appeal court judge apparently did, one must still come to the same conclusion that the remainder of the evidence was ample to support the sentence of 3 months. Carter v. Boehm 97 E.R. 1162 at 1168 has some relevancy here. I do not think it would be a proper disposition of the matter by this court to declare that in those circumstances the trial was unsatisfactory because of some evidence of a hearsay nature which was, in fact, supported in great measure by direct evidence.
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