Prior inconsistent statements admitted through cross-examination of a hostile witness under s 38 of the Evidence Act 1995 are admissible as evidence of the truth of their contents under s 60, but subject to the Lee v The Queen limitation that the evidence can only prove the existence of asserted facts if the witness intended to assert those facts. The s 165 reliability warning, while primarily directed at identification of persons, may extend to identification of inanimate objects where such evidence is the central link to the accused. A co-accused may cross-examine an accused who gives evidence, consistent with both s 104 of the Evidence Act and the common law position in Murdoch v Taylor.
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