Admissible Hearsay Statements

Question 1

A hearsay statement is admissible in any proceeding if:

Answer 1

(a) The circumstances relating to the statement provide reasonable assurance that the statement is reliable and
(b) Either
The maker of the statement is unavailable as a witness or
The judge considered that undue expense or delay would be caused if the maker of the statement was required to be a witness.

Question 2

A statement taken from a person who may die can be presented as evidence if they are dead. What considerations under Section 18(1) of the Evidence Act must the court factor to determine reliability.

Answer 2

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