Admissible Hearsay Statments

Question 1

General admissibility of hearsay

S. 18 Evidence Act 2006

Answer 1

A hearsay statement is admissible in any proceeding if
a. the circumstance relating to the statement provide reasonable assurance that the statement is reliable, and
b) either
I) the make of thee statement is unavailable as a witness
ii) the judge considers that the undue expense or delay would be caused if the maker of the statement were required to be a witness

Question 2

Circumstance to consider under s16(1)

Answer 2

• the nature of the statement
• the contents of the statement
• the circumstances relating to the making of the statement
• circumstances relating to the veracity of the person making the statement
• circumstances relating to the accuracy of the observation of the person