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Subramaniam v. Public Prosecutor
Author: Jim
Facts: D charged with possession of ammunition and in defense, D claimed that
he was captured by terrorists and was working under duress. Trial court
excluded the statements made by the terrorists as hearsay.
Issue: Were the statements hearsay?
Holding: No
Rationale: The statements were not presented to prove the truth of the
matter asserted but to prove whether D was reasonable to act under duress.
So even if the terrorist had said to D "I plan on killing you," we don't care
whether this statement was actually true and whether the terrorist was being
truthful. All we care is whether such statement could cause duress.
So not hearsay.
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