The possibility of concoction or contamination is not a factor that must be taken into account in determining whether tendency evidence has 'significant probative value' under s 97(1)(b) of the Evidence Act 1995 (NSW); contestable questions of credibility and reliability are for the jury, not the trial judge on the admissibility question. For the purposes of the transitional provision in Sch 2, Pt 21, cl 62 of the Crimes (Sentencing Procedure) Act 1999 (NSW), a person is not 'convicted' merely by a jury verdict of guilty; conviction occurs when the court formally convicts, which may be at sentencing. When imposing an aggregate sentence, indicative sentences for offences not carrying standard non-parole periods may be expressed as fixed terms without specifying a non-parole period, though Hidden J expressed a preference for indicating head sentences.
The full text is available to signed-in members, including the 27 later cases that cite this judgment.
11 of the 27 citing cases carry a classified treatment. How each court treated it is available to signed-in members.