Section 34KA of the Evidence Act 1929 (SA) applies to all criminal proceedings and is not restricted to proceedings involving serious and organised crime, notwithstanding the legislative context in which it was enacted. Text messages sent via applications such as WeChat by a deceased person are capable of being admitted as out of court statements under s 34KA where the conditions in the section are met. A trial judge is entitled to comment on and assist the jury with circumstantial evidence, including call charge records, provided the judge makes clear that the assessment of the evidence is ultimately a matter for the jury.
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