4. Admissible Hearsay statements page 55

Question 1

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

Answer 1

• 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

Question 2

Circumstances to consider for reliability:

Answer 2

• 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