What is the common law test for admitting a spontaneous or excited utterance as an exception to the hearsay rule?
Ontario, Canada
The following excerpt is from R. v. Browne, 2017 ONSC 5796 (CanLII):
The traditional common-law test for the admission of a spontaneous (or excited) utterance as an exception to the hearsay rule was stated as follows by Lord Wilberforce in Ratten v. The Queen, [1972] A.C. 378 (P.C.) (at p. 391): … [H]earsay evidence may be admitted if the statement providing it is made in such conditions (always being those of approximate but not exact contemporaneity) of involvement or pressure as to exclude the possibility of concoction or distortion to the advantage of the maker or the disadvantage of the accused. (iii) Analysis
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