Zayn is charged with the strangulation murder of his estranged partner Liam.
Zayn is charged with the strangulation murder of his estranged partner Liam. He makes a statement to police that he went to visit Liam at his smalLLented cottage after Liam called him over for a drink to discuss their reconciliation. He says that when Liam failed to answer the doorbell he walked by the side of the house and looked through a window. Upon seeing upturned furniture and clothes strewn over the floor, he climbed in through the window and found Liam’s lifeless body on the bedroom floor. At Zayn’s trial, the prosecution call Liam’s work colleague Anna, who gives the following evidence: a) One week before the murder, she was walking with Liam along the street during a workday lunchtime. At one point, Liam immediately crossed the road leaving Anna on the footpath. When Anna crossed the road to follow him, Liam apologised and told her that he saw Zayn walking towards them. Liam said he could not risk meeting Zayn because he had been violent towards him and had threatened him recently on the phone. He said he was going to talk to a lawyer about getting a court order to stop Zayn contacting him in any way. b) On the day of the murder, Liam rang Anna to talk about arrangements for a farewell party at work for their boss Mama. At one point of the conversation, Liam said to Anna “Oh my god! There’s someone at the window. Oh no, it’s Zayn. I’ll call you back darling.” Anna never heard from Liam again. The prosecution also calls two police ofi’icers in relation to their interrogation of Zayn soon after Liam’s murder. They give evidence that on the way to the police station for an official interview, Zayn said in the police car: “I don’t know who would have done this to Liam. He didn’t deserve this — even though he was always cheating and playing around. He made me so mad sometimes that I almost lost control…” They also testify that when they arrived at the police station, Zayn got out of the police vehicle and immediately started running away. They gave chase and caught up with him a block away. When they brought him back, they allege he said: “Sorry, but I am_s_ga1;ed_qf police. It’s just the way I was brought up .. . and I was bullied by boys at school. Some of them are cops now.” Zayn agrees that this happened as described. Zayn’s counsel cross-examines the officers about an earlier conversation in the police vehicle, in which one of them allegedly said to Zayn “Listen Zayn, we know you did it. Why don’t you just come clean? If you say it was a crime of passion, we’ll go easy on you. Mate, Summer Bay is not a nice place for pretty boys like you.” They deny making any such statements. Address the following issues: 1. Could each of the items of evidence to be given by Anna be considered hearsay? If so, in what ways could the prosecutor seek to have the evidence admitted? 2. How should the trial judge address the jury about the evidence given by police about Zayn’s conduct immediately after Liam’s murder?
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