An erroneous reversal of the onus of proof under s 85(2) of the Evidence Act 2008 (Vic) does not require exclusion of admissions where there is nothing in the circumstances — no threat, promise, inducement, or personal vulnerability — that gives rise to any concern about the truth of the admissions. In such cases, s 85(2) has no practical application and the error is inconsequential. A challenge to the exercise of discretion under s 90 on interlocutory appeal faces the House v The King constraints. An increased likelihood of conviction is not the kind of 'prejudice' to which s 137 is directed.
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