Sio v R does not require exhaustive listing of each representation and material fact in every case; grouping is permissible where the circumstances of reliability are common to multiple representations. Matters going to the credibility of the representor (such as fear of being in trouble or embarrassment) are not part of the 'circumstances' in which representations were made for the purposes of s 65(2)(c). The inability to cross-examine a deceased complainant, being inherent in the s 65(2) framework, does not without more constitute unfair prejudice warranting exclusion under s 137. In sexual assault cases, the Crown must prove lack of consent beyond reasonable doubt for each count separately, and the absence of complaint about a particular act, contrasted with vehement complaint about another, may give rise to reasonable doubt.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
2 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.