A general apology for 'what he had done' made in the context of sexual abuse allegations put to the accused the previous night is capable of being an unambiguous admission against interest and is admissible, even though it does not constitute a direct admission to any specific offence charged. When determining applications for separate trials of sexual offence charges involving different complainants, the trial judge must apply the Pfennig test (whether the evidence is reasonably capable of excluding all innocent hypotheses) rather than a general balancing of prejudicial versus probative effect. The Attorney-General's power of reference under s 668A Criminal Code should be used exceptionally and only for points of law of general application and importance.
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