R v Green (No 2)

The appeal in R v Green (No 2) before the High Court involved the respondent, Green, who was convicted of murdering his wife. The primary issue before the court was the admissibility of a statement made by the victim to a police officer shortly before her death, which was admitted under the hearsay exception for contemporaneous representations about a person's health. The appellant argued that the statement was inadmissible as it was hearsay and did not fall within any exception. The appellant further contended that the trial judge had erred in failing to adequately assess the reliability of the statement.

The court considered the legal principles governing the admissibility of hearsay evidence in criminal proceedings, particularly the exception for contemporaneous representations about a person's health. The court examined whether the circumstances surrounding the making of the statement rendered it highly probable that the statement was reliable. In doing so, the court took into account the fact that the statement was made to an official and the potential motive for fabrication. The court also considered the suggestion that the victim had previously fabricated a complaint. The court concluded that the trial judge had correctly admitted the statement as it was highly probable that the statement was reliable and the exception for contemporaneous representations about a person's health applied.

The court held that the statement was admissible under the exception for contemporaneous representations about a person's health. The court found that the circumstances of the statement's making, including the fact that it was made to an official and the absence of any evidence of a motive for fabrication, rendered it highly probable that the statement was reliable. The court also found that the suggestion of a previously fabricated complaint did not undermine the reliability of the statement. The appeal was ultimately dismissed, and the conviction was upheld.

No further orders were made.