Hearsay Statements

Question 1

When is a hearsay statment admissible?

Answer 1

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.

Question 2

What must the court be satisified of in relation to the admissibility of a hearsay statment.

Answer 2

The the content and the person who made it are reliable.

Question 3

What Cicumstances can be considered to domonstrate the reliability of a statment.

Answer 3

• 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.