The word 'circumstances' in s65(2)(b) and (c) of the Evidence Act 1995 (NSW) refers to the circumstances of the making of the previous representation, not the circumstances of the asserted fact. Events outside the time and place of the making may be considered, but only to the extent they touch the reliability of the circumstances of the making of the representation; evidence tending only to prove the asserted fact or ultimate issue is excluded. Prior or later statements of the maker of the representation are admissible on the voir dire to the extent they bear on the reliability of the circumstances of the making. To the extent R v Dean and R v Lock hold otherwise, they should not be followed.
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8 of the 69 citing cases carry a classified treatment. How each court treated it is available to signed-in members.