Evidence of representations made by a person sharing a common purpose with a party under s 87(1)(c) of the Evidence Act 1995 (NSW) is confined to representations made 'in furtherance of' the common purpose alleged in the proceedings; a common purpose to cover up offending that is not itself alleged in the indictment does not satisfy this requirement. Where directed verdicts of acquittal are entered on some counts, the trial judge must consider how the complainant's failure to give evidence consistent with those counts affects credibility on the remaining counts, rather than treating the failure as enhancing credibility. Judicial notice under s 144 must meet the statutory tests and the party affected must be given the opportunity to make submissions under s 144(4).
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