An agreed fact under s 191 of the Evidence Act 2008 that a witness did not hear anything 'unusual' is not an agreed fact that there was nothing unusual to hear; the trial judge retains the function of assessing the weight of such an agreed fact by reference to common experience and the whole of the evidence. A single-paragraph s 32 unreliability warning in a judge-alone trial is adequate where the reasons read as a whole demonstrate the warning was given meaningful operation throughout the analysis of the witness's evidence.
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