4. Admissible Hearsay Statements

Question 1

General admissibility of hearsay
Section 18 Evidence Act 2006

Answer 1

Hearsay statement is admissible if:
a) The circumstances relating to the statement provide reasonable assurance that the statement is reliable
AND
b) the maker of the statement is unavailable as a witness
OR
Judge thinks that undue expense or delay would be caused if the maker of the statement were required to be a witness

Question 2

Circumstances for admissibility of hearsay [18(1) Evidence Act 2006]

[MAN CV]

Answer 2

• circs relating to MAKING of the statement
• circs relating to the ACCURACY of the observation of the person
• NATURE of the statement
• CONTENT of the statement
• crics relating to the VERACITY of the statement

MAN CV