CHAPTER 5: MISCELLANEOUS
Section 184:Accused May Admit Matters and Give Consents
Frazer(2002) 128 A Crim R 89; NSW CCA  12.3.2002 Evidence Act 1995 (NSW) s.184 - formal admission made to possession in relation to drug offenceHeld: adopted Odgers - formal admission does not stop crown adducing evidence but do not need to - see also
JGW NSW CCA  23.6.1999
Section 189: The Voir DireSalinderaNSW CCA 25.10.1996
Evidence Act 1995 (NSW) s.189 - on appeal to District Court appellant sought voir dire on admissibility of ROI - appellant argued he was not given appropriate caution - became evident during voir dire that he was also denying making interview - issue was whether voir dire appropriateHeld: issue of caution made voir dire appropriate - did not decide whether voir dire appropriate to determine whether interview made - preliminary question under s.189 does not have to be decided prior to taking of evidence.
Section 192: Leave, permission or direction may be given on termsGAC NSW CCA 1.4.1997Evidence Act 1995 (NSW) s.38 - murder - juvenile - juvenile accomplice called to give evidence for Crown - claimed no memory of killing or statement made to police three days after killing - statement recorded on ERISP - leave granted to cross examine and ERISP tendered.Held: no unfairness in granting crown leave to cross-examine own witness - appeal dismissed.
Part 1 Definitions
DuffNSW CCA 17.9.1998 Evidence Act 1995 (NSW) - supply drugs - told police money found in his car was takings from his hotel - later denied knowledge of money and statement - if true statement was advantageous to accused - if false it was contrary to his interests.Held: admission under
G  NSWCCA 291 Evidence Act 1995 (NSW) – sexual offences – search warrant executed at home of 17y suspect – police indicated would like to talk to suspect – caution given in presence of older brother – some time later suspect posed for photograph to be used for identification outside house
Held: posing for photograph did not constitute admission
Rahme NSW CCA 233, 14.7.2004 Evidence Act 1995 (NSW) - sexual offences against young girl - forced complainant to act as prostitute - issue at trial was admissibility of evidence of complainant's prior sexual experience under s.105
Criminal Procedure Act - appellant sought to have admitted evidence that complainant had voluntarily worked as prostitute - TJ declined to admit evidence after finding it unconvincing, odd, lacking in connection with reality and inconsistent with other evidenceHeld: allowing appeal (per James J and Sully J, Hulme J dissenting on this point) - 'probative value' as required under s.105(4)
Criminal Procedure Act not defined in Act - legitimate to go to definition of 'probative value' in
Evidence Act - in considering probative value must make assessment on assumption evidence is accepted - TJ erred in declining to admit evidence after making his own assessment of credibility and strength of evidence - if accepted evidence would have had considerable probative value