Supreme Court Rules 1970 (NSW), Pt 75, Div 1, r 3K(5) (prohibiting a party from adducing expert evidence inconsistent with an agreed matter) only applies where a direction has been made under r 3K(1); an informal agreement between experts to confer does not engage the rule. Section 191 of the Evidence Act 1995 (NSW) applies to facts agreed between parties, not to opinions agreed upon by expert witnesses. Errors by the Crown Prosecutor in closing address as to the law of self-defence may be remedied by the trial judge's subsequent directions, particularly written directions.
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