Section 281 of the Criminal Procedure Act 1986 (NSW) operates as a rule of inadmissibility 'over objection'; where no objection is taken at trial, the absence of a tape recording does not render the admission inadmissible. A Crown Prosecutor may ask an accused whether a Crown witness's evidence is 'wrong' without offending the rule against inviting a witness to comment on whether other witnesses are telling the truth; the vice lies in asking whether the witness is lying or has invented evidence. Some prospect of rehabilitation does not preclude a life sentence under s 61(1) where the level of culpability is so extreme as to engage that provision. The question whether a sentencing judge must consider the role of the Parole Board when imposing a life sentence under s 61(1) was left open.
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