The s 93C(2) warning requirement under the Evidence Act 1977 (Qld) is directed to the particular hearsay evidence admitted in the case, not to the unreliability of hearsay evidence generally. The absence of a s 93C warning will not cause a miscarriage of justice where the hearsay evidence was used only to establish the nature of a domestic relationship (not as propensity evidence or proof of intent), where no basis for unreliability was identified, and where the evidence bore indicia of reliability. Evidence of prior domestic violence admitted under s 93B is properly admissible under s 132B as evidence of the history of the domestic relationship to show the nature of the relationship and assist in evaluating other evidence.
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