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Thomas, Ken (a pseudonym) v Director of Public Prosecutions [DPP]  VSCA 269
Victorian Court of Appeal
Beach, Niall and Walker JJA
Thomas, Ken (a pseudonym) v Director of Public Prosecutions [DPP]
23 September 2021
CRIMINAL LAW - Appeal - Interlocutory appeal - Evidence - Admissibility - Murder - Victim alleged to have been struck by applicant - Where victim made various representations to witnesses following incident - Whether representations within exception to hearsay rule - Where representations made shortly after events in question - Whether circumstances made it unlikely representations were a fabrication - Whether evidence should otherwise be excluded - Whether probative value of evidence outweighed by danger of unfair prejudice to applicant - Representations admissible - Appeal dismissed - R v Ambrosoli (2002) 55 NSWLR 603; Sio v The Queen (2016) 259 CLR 47; R v BD (1997) 94 A Crim R 131 applied - Criminal Procedure Act 2009 ss 295(3), 296, 297 - Evidence Act 2008 ss 65(2)(b), 137.