Accomplice hearsay representations in a police statement may be admitted under s 65(2)(d) of the Evidence Act 2008 (Vic) where the accomplice was confronted with objective evidence of involvement, consulted a lawyer, made a sworn statement, and the account was objectively verifiable — these circumstances collectively overcome the presumptive unreliability of accomplice evidence. A representation does not lose its character as 'against interest' under s 65(2)(d)(i) merely because it also implicates a co-offender. The familial relationship between the maker and the accused (here, brothers) is a circumstance bearing positively on reliability, as it reflects an instinctive disinclination to inform on family that had to be overcome.
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