A complainant's interpretation of what an accused meant by an ambiguous apology is irrelevant under s 55 of the Evidence Act where it adds nothing beyond the words of the apology itself, and does not satisfy s 78(b) because it is not necessary to obtain an adequate account of the complainant's perception. However, evidence about the context of a statement — such as whether there was any other reason for the accused to apologise — may be relevant and admissible. Where such evidence is wrongly admitted, a miscarriage of justice may be avoided by adequate directions requiring the jury to assess the admission for itself.
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