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.

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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.

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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.
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