The hearsay rule under s 59 of the Evidence Act 1995 (NSW) renders evidence 'not admissible' only over objection; where defence counsel does not object to hearsay evidence, the trial judge does not err in admitting it and no order under s 190 is required. Abuse of trust and abuse of authority under s 21A(2)(k) of the Crimes (Sentencing Procedure) Act 1999 (NSW) are distinct concepts, but a sentencing judge does not double-count where the reference to authority explains the basis for the finding of breach of trust.
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2 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.