Exculpatory statements made by an accused to police when confronted with allegations are admissible under s 60 of the Evidence Act 1995 (NSW) as having dual relevance — assertion of innocence and credibility — and the Crown should ordinarily tender such evidence, subject to the court's power under s 137 to reject contrived material. Section 66 does not provide a basis for admissibility where the asserted fact of innocence relates to events years before the representation was made. The fact that an offender who denies offences cannot access CUBIT programmes and faces practical obstacles to parole is not a sentencing reduction factor.
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