The Court of Appeal held that where the Crown relies on recorded conversations as implied admissions showing consciousness of guilt, the defence is entitled to have exculpatory passages from other conversations in the same series admitted under the mixed statement exception to the hearsay rule. The Court clarified that the exception is not limited to statements made at the same time as inculpatory statements, but extends to exculpatory statements made in circumstances that connect them to the purpose for which the inculpatory statements are relied upon. The Court also held that different directions are required for implied admissions (requiring an Edwards direction) compared to express admissions.
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