In South Australia, the prosecution has no obligation to tender a record of interview containing mixed statements (both inculpatory and exculpatory material). The exculpatory part of a mixed statement is admissible only when introduced as part of the prosecution's tender of the incriminatory material — the 'Crown package'. The obiter of Hayne J in Mahmood v Western Australia is confined to cases of selective tendering of multiple statements and does not impose a general obligation to tender mixed statements. A Magistrate's failure to state the factual basis for conviction is an error of law requiring inadequate reasons, but the appeal court may on rehearing independently assess the evidence and dismiss the appeal if satisfied of guilt.
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