A complainant who is involved in criminal activity (such as drug supply) that is not part of the criminal endeavour constituting the offences charged is not a witness 'criminally concerned in the events giving rise to the proceeding' under s 165(1)(d) of the Evidence Act 1995 (NSW). Such criminal involvement goes to credibility and reliability, requiring careful scrutiny of the evidence, but does not trigger the s 165(1)(d) warning obligation. The starting point for construing s 165 is the statute itself, informed by ALRC Reports 26 and 38, not the common law accomplice rules.
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