Section 165(1) of the Evidence Act 1995 is not an exclusive code; the circumstances in which evidence may be unreliable extend beyond the classes identified in s 165(1)(a) to (g). Where evidence falls outside those categories and outside any common law requirement for a warning, a trial judge has a discretion whether to give a warning. An appellate court should only intervene where a warning was plainly necessary — that is, where the danger of acting upon the evidence is real and substantial and unlikely to have been fully perceived by the jury without a warning.
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