The principles in IMM v The Queen and R v Bauer regarding contamination, concoction and collusion apply not only to tendency and coincidence evidence but inform the s 137 assessment for all prosecution evidence: unless the risk of contamination is so great that no rational jury could accept the evidence, questions of reliability and credibility do not arise at the admissibility stage. A forensic decision by defence counsel not to seek exclusion of evidence under s 137 — where the evidence has aspects favourable to the accused — may preclude the issue being raised on appeal.
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