Evidence of witnesses who have a motive to lie or give biased evidence, or whose evidence may have been contaminated by other witnesses, does not fall within s 165 of the Evidence Act 1995 (NSW) and does not require a mandatory unreliability warning. Section 165 is confined to categories of unreliability beyond ordinary jury experience. In conspiracy to manufacture drugs, the agreement should be characterised by its ultimate object (manufacture of the drug) rather than the specific means proposed, so that impossibility of the specific means does not defeat the charge. DPP v Nock is not followed in NSW.
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