Section 65(3) of the Evidence Act 1995 (NSW) applies to evidence given by any person at a prior proceeding, including a co-accused who gave evidence in their own defence; it is not limited to prosecution witnesses. Where evidence is admitted under s 65, it does not need to separately satisfy the requirements for admissibility of admissions under s 82(2). A plea in bar of autrefois convict is not available where the prior conviction and the subsequent charge involve different offences with merely overlapping elements, even where one element (such as deprivation of liberty) is common to both.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
2 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.