Where a trial judge has a close familial relationship to a victim of a similar crime, the combination of the relationship, similar circumstances of the victims, and the judge's emotional involvement may give rise to apprehended bias requiring disqualification, even though the mere fact of the familial relationship to a crime victim is not alone sufficient. The test for reasonable belief as to age under s 45(4) of the Crimes Act 1958 (Vic) is not completely objective — it requires the accused to prove belief on grounds which were reasonable, not that a reasonable person would have held the same belief. Evidence admitted under s 41D of the Evidence Act 1958 (Vic) is not rendered inadmissible merely because the account contains an admitted lie, provided the lie does not deprive the substance of the account of all probative value.
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