Darren Vaughn is on trial for intentionally inflicting grievous bodily harm on Priya Vaughn, contrary to s 18 of the Offences Against the Person Act 1861. Darren and Priya have been married for two years. They are both 24 years old and live at 44 Green Street. The prosecution case is that Priya had discovered that Darren had been having an affair with their mutual friend, Cadi Reece, after she caught them kissing. When Darren returned to their home, he saw Priya packing her suitcase. She informed Darren that she was aware of the affair and was leaving, and this led to an argument. The prosecution case is that Darren attacked Priya during this argument and pushed her down the stairs, causing grievous bodily harm. Priya cannot recall any of the events of the alleged attack. Darren's defence is that he did not return home on the night of the alleged offence as he was working late, and that he does not know how Priya fell down the stairs. Peter Stoller is Darren and Priya's neighbour. On the night of the alleged incident, Peter discovered Priya unconscious before calling the emergency services. Peter provided a written witness statement to the police on the night in question, provided at Appendix A. Three weeks after the incident, Peter was reported as missing by his family. They have tried searching for him and contacting him but his phone is dead. Police have also tried to establish his whereabouts but they have received no information or leads. At the time of the trial, six months since the incident, Peter is still missing and his family have been advised that it is unlikely that Peter will be found. As such, the police are no longer actively investigating. The prosecution would like to call a medical expert, Dr Frances O'Neill, to give a second opinion on the original diagnosis and causation notes from the doctor who treated Priya on the night of the incident. Dr O'Neill has supplied her report, extracts from which are provided at Appendix B. Dr O'Neill has followed the latest scientific method of injury diagnostics in preparing her report and conclusions. Priya's treating physician in the Emergency Department was concerned that Priya's injuries had been caused by her falling down the stairs.

Appendix A WITNESS STATEMENT:

Criminal Procedure Rules 2020, r 16.2; Criminal Justice Act 1967, s 9, Magistrates' Courts Act 1980, ss 5A(3)(a) and 5B

Statement of: Peter Stoller Date: 12/11/2023 Age if under 18 (if over 18 insert 'over 18'): OVER 18 Occupation: RETIRED This statement (consisting of one page signed by me) is true to the best of my knowledge and belief, and I make it knowing that if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true. Signature: Peter Stoller Date: 12/11/2023 Tick if witness evidence is visually recorded (supply witness details on rear)

I am Peter Stoller and reside at 45 Green Street. I am the neighbour of Darren and Priya Vaughn, who live at 44 Green Street.

At about 18:30 on the 12th of November 2023, I heard arguing coming from Darren and Priya's house. It sounded bad. After about 20 minutes, I walked over to check if everyone was all right.

Darren and Priya's front door has a frosted window. I looked through this and could see a man at the top of the stairs. I knocked the glass window and called out to see if everything was all right. At this point, the man at the top of the staircase ran downstairs. He quickly opened the door. This startled me and I jumped backwards. I could now see this man was Darren. He pushed past me and ran down the street.

As the door was left open, I could see someone lying at the bottom of the stairs. I approached and saw that it was Priya, lying unconscious. I rang for an ambulance and the police.

I am willing to attend court to give evidence in relation to this incident.

Signature: Peter Stoller Date: 12/11/2023 Signature witnessed by: PC 320 Rogers

question: Advise the prosecution on whether Peter's witness statement at Appendix A would be admissible at trial. question advice: 1. irac 2. consider the rules on admissibility of hearsay evidence 3. case law to support your answer.