Evidence of saved contacts and text messages on a co-accused's mobile phone is admissible at common law for the limited non-hearsay purpose of establishing a circumstantial link between co-offenders, even where the phone number is not registered to the accused and the evidence is not admissible under s 59B of the Evidence Act 1929 (SA). The truth of the contact's identity is not relied upon; rather, the jury may infer from all the circumstantial evidence that the contact refers to the accused. Identification directions need not direct the jury to specific evidence undermining reliability where the trial is short and the evidence is fresh in the jury's minds, provided the general warnings are cogent and effective.
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