Australian Capital Territory Repealed Acts

This legislation has been repealed.

EVIDENCE ACT 1971 (REPEALED) - SECT 32

In estimating the weight (if any) to be given to a statement admitted in evidence under this part, a court shall have regard to all the circumstances from which an inference can reasonably be drawn about the correctness or otherwise of the statement including—

        (a)     for a statement tending to establish a fact—

              (i)     the time when the statement was made in relation to the occurrence or existence of the fact that the statement is tendered to prove; and

              (ii)     the question whether or not the maker of the statement or any person by or through whom the information was supplied to the maker of the statement had any incentive to conceal or misrepresent facts; and

        (b)     for a statement expressing an opinion—

              (i)     the time when the statement expressing the opinion was made in relation to the time when the facts on which the opinion was based were fresh in the mind of the person expressing the opinion; and

              (ii)     the question whether or not the person expressing the opinion had any incentive to misrepresent the opinion.