The mere fact that an accused is an Aboriginal person with a history of domestic abuse does not, without more, engage ss 85(2) or 90 of the Evidence Act 2008 (Vic); there must be evidence connecting those characteristics to the circumstances in which the admissions were made and demonstrating an adverse effect on truth or unfairness. The Anunga guidelines, while no longer binding precedent following the enactment of the uniform evidence legislation, remain useful in assessing reliability and fairness of admissions by Aboriginal suspects, particularly where language or cultural comprehension difficulties are present. The test under s 85(2) is neither exclusively subjective nor objective.
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