Rules of Evidence

Hearsay - Exceptions

Fresh in the memory – Criminal Proceedings

Another exception to the hearsay rule in criminal proceedings is where facts to be adduced in evidence were fresh in the memory of the person who related them at the time. The passage of time is only one consideration to be taken into account regarding freshness in the mind. Other factors are the nature of the event, and the person’s age and health...





Evidence Relevant for a Non-Hearsay Purpose

There are then a number of exceptions to the hearsay rule beginning at Section 60. In Section 60 the exception is that evidence is admissible if it goes to a point other than the fact that is asserted by way of hearsay.


A witness therefore can testify that they were told a certain thing in a conversation...





Aboriginal and Torres Strait Islander Traditional Laws and Customs

Section 72 states that evidence as to a representation about the existence, non‑existence or meaning of traditional laws and customs of an Aboriginal or Torres Strait Islander group, is exempt from the hearsay rule.





[1] LMD v R [2012] VSCA 164.