Where a witness is shown a prior out-of-court statement containing hearsay evidence of admissions by the accused and affirms in court that the contents are true, the admissions become first-hand hearsay admissible under s 81 of the Evidence Act 1995 (NSW), and s 60(3) does not preclude their use as proof of truth. A trial judge is not required specifically to refer to s 192 when granting s 38 leave, provided the argument demonstrates the relevant factors were considered. A s 165(1)(d) warning should not be given where it is accepted the witness was not criminally concerned in the events giving rise to the proceedings.
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