Defendant's Hearsay Evidence which Exculpates One Co-defendant by Incriminating Another

摘要

KS, the appellant, was convicted of the murder of PJ. PJ had died from internal bleeding to the brain, resulting from a brutal attack during which PJ had sustained numerous injuries. The Crown alleged that four co-defendants, KS, AP, SJ and MS, had been jointly responsible for PJ's murder. A witness, RP, had seen a man on the floor of KS's flat who was bleeding from his face and had seen that KS, AP and MS were present. KS asserted that MS had had a fight with PJ whereas MS asserted that he had been asleep, intoxicated. KS and MS each alleged that the other was solely responsible for the violence on PJ. The other two co-defendants, AP and SJ, claimed that they had not been present.