Hearsay - Exceptions

Rules of Evidence

Distinction Between First and Second Hand Hearsay

The Uniform Evidence Law recognises two different types of hearsay and treats them differently in terms of the exceptions below. First hand hearsay is like this. The person who is the original source of information, who we will call ‘A,’ informs another person, ‘B’ about something they have seen, heard or done...

 

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Contemporaneous Statements About a Person’s Health

First-hand hearsay evidence can be admitted about a person’s previous statements about their own health, feelings, sensations, intention, knowledge or state of mind...

 

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Unavailability and Inaccessibility of Witnesses - Civil Proceedings

In a civil proceeding, if the original witness is unavailable to testify - such as if they are deceased, unwell or missing and untraceable - or if it would...

 

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Unavailability of Witnesses - Criminal Proceedings

In a criminal proceeding, where the original witness is unavailable to testify, first hand hearsay can be used under a range of circumstances where the representation being testified about:

 

  • was made under a duty to make representations of that kind; or

  • was made when or shortly after the asserted fact occurred and in circumstances that make it unlikely to be a fabrication...

     

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