Section 165 of the Evidence Act does not require a warning merely because evidence falls within one of the categories in s 165(1); the evidence must also be 'of a kind that may be unreliable' having regard to the issues raised at trial. Where the principal attack on a witness is that the witness is lying, and there is nothing about the evidence that the jury cannot evaluate using its collective common sense and experience, no s 165 warning is required even though the evidence contains an 'admission' under Part 3.4. The length and terms of an offender's period on bail awaiting trial is a relevant sentencing consideration, but the weight to be given to it varies depending on the nature of the offence and the purposes of punishment.
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