A trial judge's direction that answers in a record of interview are 'not evidence in the same way as the witnesses have given evidence' does not constitute a misdirection where the summing up, read as a whole, does not convey that the jury is bound to give less weight to the interview. Section 44(2) of the Evidence Act 1995 (NSW) is satisfied where the substance of the prior representation has already been given in evidence by the person who made the representation, even if the evidence is not identical to the contents of the document.
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