Telephone intercept evidence of conversations between third parties (not involving the accused) is admissible as circumstantial evidence of a third party's state of mind and intention under the Walton v The Queen principle, even where the ultimate fact in issue is what was discussed at a subsequent meeting. A prosecution case that invites the jury to find objective falsity on a basis inconsistent with the accused's actual evidence may render the verdict unreasonable. For offences of giving false evidence to an ACC examiner under s 33(1) of the Australian Crime Commission Act 2002 (Cth), a head sentence of 12 months imprisonment is within range whether there is one or more offences.
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