Stanoevski v The Queen does not require a ritual incantation of each of the five considerations in s 192(2) of the Evidence Act 1995 when granting leave under s 38. Failure to mention s 192(2) provides the foundation for a finding of error, but the finding may only be made if it is also shown that one or more of the s 192(2) conditions was actually material to the decision. The Crown is not obliged to call witnesses it regards as unreliable, provided the defence has been notified of the Crown's intention.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
2 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.