Admissible Hearsay Evidence

Question 1

Evidence act Section 18

Answer 1

General admissibility of hearsay evidence

• reasonable assurance statement is reliable AND
• Maker of statement is unavailable OR
• Judge considers undo expense or delay if maker required to be a witness

Question 2

Evidence Act Section 16(1)

Answer 2

Hearsay considerations

• Nature of the statement
• Contents of the statement
• Circumstances relating to making the statement
• Veracity of the person making the statement
• Accuracy of the observations of the person