Western Australian Current Acts

EVIDENCE ACT 1906 - SECT 79D

79D .         Evidence admitted under s. 79C, weight and effect of

        (1)         In estimating the weight, if any, to be attached to a statement rendered admissible as evidence by section 79C regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement, and, in particular —

            (a)         to the question of whether or not the statement was made contemporaneously with the occurrence or existence of the facts stated; and

            (b)         to the question of whether or not the qualified person or any person concerned with making or keeping the document containing the statement, had any incentive to conceal or misrepresent the facts; and

            (c)         to the question of whether or not the information in the statement was of a kind which was collected systematically; and

            (d)         to the question of whether or not the information in the statement was collected pursuant to a duty to do so; and

            (e)         where the statement wholly or in part reproduces or is derived from information from one or more devices, to the reliability of the device or devices; and

            (f)         where the statement reproduces or is derived from any information, to the reliability of the means of reproduction or derivation.

        (2)         For the purpose of any rule of law or practice requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated, a statement rendered admissible as evidence by virtue of section 79C shall not be treated as corroboration of the evidence given by the qualified person.

        [Section 79D inserted: No. 66 of 1987 s. 5.]