Representations by a co-accused acknowledging presence at the scene and physical contact with the complainant are not 'admissions' under the Evidence Act 2008 (Vic) where those matters are not in issue at trial. A co-accused in a joint trial is not automatically 'unavailable' for the purposes of s 65(8); reasonable steps to compel or request the co-accused to give evidence must be taken. The scope of 'the evidence' admissible under s 83(2) remains unsettled, with the majority of the panel (Niall and Emerton JJA) holding it extends to s 81(2) contextual representations, but Maxwell P disagreeing.
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