Evidence of a witness who has a criminal history and a motive to ingratiate themselves with prosecution authorities (such as a registered informant) is not necessarily evidence 'of a kind that may be unreliable' within s 165 of the Evidence Act 1995, particularly where the witness is under close supervision by authorities. Evidence of prior criminal dealings between an accused and a witness may be admissible as 'relationship evidence' to show the nature of their relationship without satisfying the notice requirements for tendency evidence under s 97, provided its probative value is not outweighed by the danger of unfair prejudice under s 137. A commitment made in advance of importation to the person arranging the importation, to receive or purchase the imported goods, constitutes being 'knowingly concerned in' the importation under s 233B(1)(d) of the Customs Act.
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