An unsworn police statement of evidence a witness would have given cannot be admitted as a formal admission under s 644 of the Criminal Code 1899 (Qld), as it is inadmissible hearsay rather than a 'fact' within the meaning of that section. However, where an accused consents to the admission of such evidence at trial for forensic advantage, the accused is bound by that conduct and cannot complain on appeal. Where a jury acquits on one count but convicts on others, the verdicts can be reconciled where the acquittal is explicable by the absence of supporting evidence on that count while supporting evidence existed on the counts of conviction.
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