Hearsay Statements Flashcards
1
Q
When is a hearsay statment admissible?
A
The circumstances relating to the statement provide reasonable assurance that the statement is reliable AND
The make of the statement is unavailable as a witness OR
The judge consider that undue expence or delay would be caused if the maker of the statment were requiered to be a witness.
2
Q
What must the court be satisified of in relation to the admissibility of a hearsay statment.
A
The the content and the person who made it are reliable.
3
Q
What Cicumstances can be considered to domonstrate the reliability of a statment.
A
- The nature of the statment.
- The contents of the statment.
- The circumsstances relating to the making of the statment,
- Circumstances relating to the veracity of the person making the statment,
- Circumstances relating to the accuracy of the observation of the person.