When assessing admissibility under s 65(2)(b) of the Evidence Act 2008 (Vic), the fact that a maker made consistent representations to multiple persons on different occasions cannot be used to support the conclusion that any individual representation was unlikely to be a fabrication; each representation must be assessed by reference to the circumstances of its own making. Representations made to medical professionals as part of a treating history are made in circumstances motivating truthfulness. Under s 295(3)(a) of the Criminal Procedure Act 2009 (Vic), once the 'eliminate or substantially weaken' threshold is met, no further assessment of doubt is required for certification.
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