Statements by accomplices about their intention to carry out a criminal operation are admissible as original evidence of state of mind under the Walton/Pollit doctrine, not merely as hearsay narrative of past events, where the intention is relevant to proof of a fact in issue. A single count of attempting to pervert the course of justice may properly encompass multiple particularised acts of different character constituting a course of conduct with the requisite tendency. The parity principle in Lowe v The Queen is not confined to offender appeals but extends to Crown appeals against inadequate sentences. A non-parole period must not be disproportionate to the head sentence for attempting to pervert the course of justice.
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