Admissible Hearsay Statements

Question 1

S18 EA06 - 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 -

(i) the maker of the statement is unavailable as a witness; or

(ii) 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

A statement taken from a person who may die can be presented as evidence if they are dead. What considerations under s16(1) of the Evidence Act 2006 must the court factor to determine reliability?

Answer 2

• The nature of the statement.
• The content 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.