Question 1 of 6

Stuart is alleged to have wounded his ex-girlfriend Nancy contrary to s.18 of the Offences Against the Person Act 1861. Around the time of the alleged assault Nancy made a 999 (emergency) telephone call to the police identifying Stuart as responsible for the injuries she sustained. This call was recorded by the police. You are prosecuting the trial in the Crown Court and learn that Nancy is now unwilling to attend Court to testify as she is afraid of Stuart and the potential consequences for her if she does so. You would like to adduce the recording of the telephone call to the police as evidence that Stuart was responsible for her injuries. Which of the following arguments should you put forward in support of your application to admit the evidence?