Cross-examination of an Aboriginal accused during a police interview, including expressions of disbelief and putting witness statements in leading form, may overbear the accused's will and render the resulting admissions involuntary, not merely subject to discretionary exclusion. When assessing probative value against prejudicial effect for the purpose of discretionary exclusion, the trial judge must assume the evidence will be accepted as true and may not discount probative value by reference to the credit of witnesses. A single isolated incident of conflict between accused and deceased, remote in time from the killing, is insufficient to establish a relevant bad relationship admissible under [name withheld] v The Queen. Hearsay statements of a deceased expressing fear of the accused are admissible as original evidence of state of mind where relevant to intent or to rebut provocation.
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