Admissible Hearsay Statements

Question 1

General admissibility of hearsay evidence - Section 18
A hearsay statement is admissible if:

Answer 1

The circumstances relating to the statement provide reasonable assurance that the statement is reliable; and either:

• 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 as a witness.

Question 2

Circumstances to consider under s16(1) of the Evidence Act 2006 include:

Answer 2

• Nature of the statement
• Contents of the statement
• Circumstances relating to the making of the statement
• Circumstances relating to the veracity of the person making the statement
• Circumstances relating to the accuracy of the observation of the person