Admissible Hearsay Statments

Question 1

What is S18 general admissibility statement

Answer 1

A hearsay statement is admissible if
- the circumstances relating to the statement provide a reasonable assurance that the statement is reliable and either
- the maker of the statement is unavailable as a witness OR
- the judge considers that indue expense or delay would be caused if the maker of the statement were required as a witness

Question 2

What circumstances do you need to consider under S16(1) Evidence Act 2006

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