Part 4 Admissible Hearsay Statements

Question 1

General Admissibility of Hearsay

Answer 1

s18 EA06

(1) A hearsay statement is admissible in any proceedings if -

(a) The circumstances relating to the statement provide reasonable assurance that the statement is reliable and;

(b) Either -

(i) The maker of the statement is unavailable as a witness; or

(ii) 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

Reasonable Assurance

Answer 2

• For a statement to be considered admissible under s18(1) of the Evidence Act 2006, the Court must be satisfied that both the content and the person who made it, are reliable.
• Circumstances to consider under 16(1) are:
  
  • ​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