Hearsay Statements and Justification/Excuse

Question 1

General Admissibility of Hearsay Evidence

Answer 1

HEARSAY STATEMENT
Admissible if the circumstances relating to the statement provide reasonable assurance that the
statement is reliable; and if the maker of the statement is unavailable as a witness; or 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

Statement From Person Who May Die

Answer 2

Can be presented as evidence to court if they are dead at the time of the hearing and reasonable assurance of the statement’s reliability can be shown.

Question 3

Statement Reliability (S16(1) Evidence Act)

Answer 3

STATEMENT RELIABILITY

• The nature of the statement
• The contents of the statement
• The 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

Question 4

Defence For Children Under 10 and 10-14

Answer 4

• No person shall be convicted of an offence (any act or omission) when under 10 years (absolute defence)
• No person shall be convicted of an offence (any act or omission) when of age 10 but under 14 unless they knew it was wrong and contrary to law.

Question 5

R FORREST AND FORREST

Answer 5

Best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.

Question 6

10-13 Charged With Murder

Answer 6

First appearance takes place before Youth Court and then automatically transfers to High Court for trial and sentencing