The Evidence Act 1995 (NSW) provides a code for admissibility of admissions and the common law applicable before its enactment (including Burns v R) is of little value on admissibility issues. The better view is that s 137 has no application unless an objection is actually taken at trial. In circumstantial cases involving child injury, where medical evidence excludes accidental causation and the accused had exclusive opportunity, the remaining circumstantial evidence may be sufficient to exclude all reasonable hypotheses consistent with innocence.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
3 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.