A post-trial confession by a co-accused who has been acquitted by direction and is safe from re-prosecution will be assessed with particular scrutiny as to credibility, especially where there is a close family relationship, significant delay, contradictory evidence about knowledge of double jeopardy protection, and the timing coincides with diminishing appeal prospects on other grounds. Where hearsay evidence (including a dying declaration) is exculpatory of the accused, a trial judge's directions should identify issues for the jury rather than urge caution against accepting the evidence.
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