Admissible Hearsay Statements

Question 1

Statement from dying victim

Answer 1

Evidence for court may come from unsworn or sworn statements made by victims, witnesses or offenders. Sometimes, however, the person from whom you need a statement may be dangerously ill or dying. In these circumstances consider getting them to make a statement.

Question 2

Hearsay statement

Answer 2

A Hearsay statement is admissible in any proceeding if -
Section 18 - General admissibility of hearsay (Evidence Act 2006)
(1) A hearsay statement is admissible in any proceeding if –
(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 make of the statement were required as a witness

Question 3

Reasonable assurance s16(1) Ev Act 2006

Answer 3

A statement taken from a person who may die can be presented as evidence to court if they are dead at the time of the hearing and reasonable assurance of the statement’s reliability can be shown. Factors to demonstrate reliability should be recorded.
Consider circumstances under s16(1) of the Evidence Act 2006:
• The nature of the statement
• The contents of the statement
• The 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