Australian Capital Territory Repealed Acts

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This legislation has been repealed.

EVIDENCE ACT 1971 (REPEALED) - SECT 65

Dying declarations

A statement made orally by a person before his or her death relating to the circumstances resulting in that death is admissible in evidence in a proceeding if—

        (a)     at the time when the person made the statement, he or she knew or believed, or may be reasonably supposed by the court to have known or believed, that his or her death was imminent, whether or not the person entertained, at that time, any hope of recovery; and

        (b)     at the time when the person made the statement, he or she would have been a competent witness in a proceeding; and

        (c)     the person making the statement could, if he or she had not died, have given direct oral evidence in the proceeding of the matters in the statement.



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