Admissible Hearsay Statements

Question 1

GENERAL ADMISSIBILITY OF HEARSAY

Answer 1

Section 18 - 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 maker of the statement were required to be a witness.

Question 2

What are the circumstances you need to consider for a statement to be considered admissible?

Answer 2

Section 16(1) - Evidence Act 2006

(a) the nature of the statement; and
(b) the contents of the statement; and
(c) the circumstances that relate to the making of the statement; and
(d) any circumstances that relate to the veracity of the person; and
(e) any circumstances that relate to the accuracy of the observation of the person