Prior inconsistent statements, admitted lies to police, and the fact that a witness is related to the accused do not, without more, bring evidence within the category of evidence 'of a kind that may be unreliable' under s 165(1) of the Evidence Act 1995 (NSW). Where an unreliability warning is given in respect of one witness, care must be taken to ensure that evidence of another witness with similar characteristics justifying a warning is also warned against, particularly where the witnesses are perceived to be separately favourable to the Crown or the defence. Failure to maintain this balance may occasion a miscarriage of justice.
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