Evidence not objected to at trial for tactical reasons cannot form the basis of a successful appeal, even where trial counsel was relatively inexperienced, provided the tactical decision was not unreasonable. Complaint evidence that is not spontaneous may still be admissible on other bases, such as explaining the state of mind and subsequent conduct of witnesses whose credibility is under challenge. A challenge to admissibility of police admissions under s 570D of the Criminal Code (WA) cannot succeed when raised for the first time on appeal where the relevant factual foundation was not laid at trial.
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