A s 165(2)(b) hearsay warning must identify the specific matters that may cause the evidence to be unreliable — including imperfections in the original declarant's honesty, perception, and accuracy of recounting, and imperfections in the intermediary witness's honesty, perception, memory, and accuracy of recounting. Merely stating that the evidence could not be tested by cross-examination because the declarant is deceased is insufficient. Repeated judicial statements that a warning is given only because the law requires it, and not because of any view about the evidence, can dilute the warning's effect, particularly where those statements occupy more words than the warning itself.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.