Commonwealth Numbered Acts

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EVIDENCE ACT 1995 No. 2 of 1995 - SECT 73

Exception: reputation as to relationships and age
73. (1) The hearsay rule does not apply to evidence of reputation concerning:

   (a)  whether a person was, at a particular time or at any time, a married
        person; or

   (b)  whether a man and a woman cohabiting at a particular time were married
        to each other at that time; or

   (c)  a person's age; or

   (d)  family history or a family relationship.

(2) In a criminal proceeding, subsection (1) does not apply to evidence
adduced by a defendant unless:

   (a)  it tends to contradict evidence of a kind referred to in subsection
        (1) that has been admitted; or

   (b)  the defendant has given reasonable notice in writing to each other
        party of the defendant's intention to adduce the evidence.

(3) In a criminal proceeding, subsection (1) does not apply to evidence
adduced by the prosecutor unless it tends to contradict evidence of a kind
referred to in subsection (1) that has been admitted. 


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