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COMMONWEALTHAct
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s 73

Exception: reputation as to relationships and age

In force
Chapter 3Admissibility of evidence
Part 3.2Hearsay
Division 3Other exceptions to the hearsay rule

73 Exception: reputation as to relationships and age

(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 2 people 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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