The doctrine of waiver applies to objections to inadmissible hearsay evidence in criminal trials, particularly where modern pre-trial procedures afford ample opportunity to identify evidentiary disputes. Defence counsel who fail to object to hearsay evidence before or during the relevant witness's testimony, without cogent explanation, may be taken to have waived the right to object. Even where waiver is not clearly established, the proviso in s 568(1) of the Crimes Act 1958 will apply where there is ample admissible evidence apart from the inadmissible evidence to sustain the conviction.
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