A trial judge has no discretion to omit any of the requirements of s 13(5) of the Evidence Act 1995 (NSW) when permitting a witness to give unsworn evidence. Failure to strictly comply with all three sub-sections of s 13(5) renders the trial not conducted according to law and constitutes a miscarriage of justice to which the proviso in s 6(1) of the Criminal Appeal Act 1912 does not apply.
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