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Evidence Act 2011
81Hearsay and opinion rules—exception for admissions
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81 Hearsay and opinion rules—exception for admissions
and related representations
(1) The hearsay rule and opinion rule do not apply to evidence of an
(2) The hearsay rule and opinion rule do not apply to evidence of a
previous representation—
(a) that was made in relation to an admission at the time the
admission was made, or shortly before or after that time; and
(b) to which it is reasonably necessary to refer in order to
understand the admission.
Note Specific exclusionary rules relating to admissions are as follows:
• evidence of admissions that is not first-hand (s 82)
• use of admissions against third parties (s 83)
• admissions influenced by violence etc (s 84)
• unreliable admissions of accused people (s 85)
• records of oral questioning of accused people (s 86).
D admits to W, his best friend, that he sexually assaulted V. In D’s trial for the
sexual assault, the prosecution may lead evidence from W—
(a) that D made the admission to W as proof of the truth of the admission; and
(b) that W formed the opinion that D was sane when he made the admission.