ABSTRACT
Basic facts This was a case involving allegations of false imprisonment, rape, threats to kill and control of prostitution for gain.
Relevance It dictates that that statement not made in oral evidence in criminal proceedings is admissible as evidence of any matter stated provided that: any such admission is permitted by statute or common law; all parties to the proceedings agree; or the court is satisfied that it is in the interests of justice for it to be admissible
STATEMENT Section 115 provides that a statement is any representation of fact or opinion made by a person by whatever means. It includes a representation made in a sketch, photo fit or other pictorial form. Diary entries generally will not fall under s 115 as they are not intended to cause another person to believe the information with them (R v N [2006])
MATTERS STATED Any matter stated is one to which the purpose, or one of the purposes, of the person making the statement appears to the court to have been to cause another to believe the matter, or to cause another person to act or a machine to operate on the basis that the matter is stated. On trial for conspiracy to kidnap, telephone entries were not a matter stated within s 115, but rather were implied assertions which were admissible because they were no longer hearsay (R v Singh [2006]).
