Where no objection to evidence is taken at trial, an appellant must demonstrate that the trial judge could not reasonably have refused to exclude the evidence — a reasonable possibility of exclusion is insufficient. An unsolicited, unresponsive remark volunteered to a police officer who was not conducting an investigation and who engaged in no conduct contributing to the making of the statement is unlikely to attract the s 90 unfairness discretion, even where the accused was intoxicated, in shock and emotionally distressed.
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