Victorian Consolidated Legislation

Evidence Act 2008 - SECT 81

Hearsay and opinion rules-exception for admissions and related representations

81. Hearsay and opinion rules-exception for admissions and related
representations



(1) The hearsay rule and the opinion rule do not apply to evidence of an
admission.

(2) The hearsay rule and the 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 (section 82)
· use of admissions against third parties (section 83)
· admissions influenced by violence and certain other conduct (section 84)
· unreliable admissions of accused persons (section 85)
· records of oral questioning of accused persons (section 86) Example 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 that
        admission; and

   (b)  that W formed the opinion that D was sane when he made the admission.