The common law obligation to direct a jury to confine hearsay evidence to credibility purposes does not survive the enactment of the Evidence Act 1995 (NSW); where hearsay is admissible under ss 60 and 66, it is evidence for all purposes and the earlier common law authorities concerning the use of hearsay can no longer be the governing authorities. Section 165 warnings for hearsay evidence only operate upon the request of a party. The test for whether a trial judge's expression of opinion on facts constitutes a miscarriage of justice is whether the judge used his or her authority to overbear the jury, not whether the judge expressed strong views.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.