NSW Is This Hearsay Evidence?

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6 December 2016
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I know that it is hearsay that witness 'A' says that 'B' told me that 'the defendant' killed the victim.

How about this?

On murder trial, if witness 'A' says that I was not at the crime scene but 'the defendant' told me that he killed the victim in a house party. Is this also hearsay evidence which may not be admissible?
 

Iamthelaw

Well-Known Member
13 September 2016
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Without getting too technical: The defendant has made an admission, admissions are technically hearsay.

I imagine your next question would be is it admissible? Yes (s81) - provided it doesn't fall afoul of the exceptions in ss82-86 and isn't deemed 'unfair' pursuant to s90.