Evidence of a Crown witness that conflicts with the preponderance of other Crown evidence is 'unfavourable' within s 38(1)(a) of the Evidence Act 2001 (Tas), entitling the Crown to seek leave to cross-examine. The granting of leave does not depend on an objective assessment of the truthfulness of the evidence. For aiding and abetting, permitting premises to be used for the commission of a crime can constitute an active step sufficient for liability, and where the abettor's knowledge of the facts constituting the offence is established, no separate direction on honest and reasonable mistake as to consent is required.
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