4. Admissible Hearsay statements page 55 Flashcards

1
Q

General admissibility of hearsay statement: A hearsay statement is admissible if:

A
  • The circumstances relating to the statement provides reasonable assurance the statement is reliable AND
    The maker of the statement is unavailable as a witness OR the judge considers that undue expense or delay would be caused if the maker of the statement were required to be a witness
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2
Q

Circumstances to consider for reliability:

A
  • The nature of the statement
  • Contents of the statement
  • The circumstances relating to the making of the statement
  • Circumstances relating to the veracity of the person making the statement
  • The circumstances relating to the accuracy of the observation of the person
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