R v Lester

The appellant, Lester, was convicted of the murder of his estranged wife and appealed against his conviction. The court was required to determine the admissibility of evidence given by various witnesses who recounted statements allegedly made by the deceased to the effect that she had been told that an unidentified person had been hired by the appellant to kill her. The appellant argued that the evidence was hearsay and inadmissible. The court held that the evidence was admissible as it was relevant to the appellant's motive and intent in committing the murder, and the deceased's fear of the appellant. The court also held that the evidence was not hearsay as it was not being used to prove the truth of the statements attributed to the deceased, but rather to show the appellant's motive and intent. The court found that the trial judge had erred in excluding the evidence and that the error was likely to have affected the outcome of the trial. The appeal was allowed, the verdict of guilty and conviction set aside, and a re-trial ordered.