Section 66(3) of the Evidence Act 1995 does not limit the independent operation of ss 38, 103 and 60 as a pathway for admitting prior inconsistent statements of unfavourable witnesses. Section 43(2) is a procedural safeguard for witnesses who deny making inconsistent statements and does not prevent tender of statements admitted by the witness. Targeting victims of a particular racial group because of a belief they would possess valuables does not constitute motivation by 'hatred for or prejudice against' that group under s 21A(2)(h) of the Crimes (Sentencing Procedure) Act 1999. A sentencing court that refers generally to aggravating factors that are elements of some but not all offences, without discriminating between offences, falls into error.
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