Jade's written statement to the police included the following:

Jade's written statement to the police included the following:

a) The matters set out in paragraphs 3 to 6 above.

b) After clearing up the mess Don caused, Jade and Ivan had left for their own home at about 11.15 pm. However, Jade was feeling uneasy when they reached home. She tried to go to bed but was unable to sleep. She tried contacting Marla on her mobile several times but got no answer. Worried that Don might come back to Marla's house and cause an incident, Jade persuaded Ivan to check on Marla. They left at about 2 am on 13 April 2021 for her house.

c) As Jade and Ivan approached Marla's house in their car, Jade saw a rider getting on a big dark-coloured motorcycle and leaving. She could not see the rider's face as he was wearing a dark full-face helmet. Although she did not note the number plates of the motorcycle, she did observe the rider carrying a bulging shopping bag.

d) Finding Marla's door ajar, Jade and Ivan entered the house and discovered Marla lying on the floor semi-conscious with blood pooling around her head. Ivan had called for an ambulance and the police. This was at about 2.25 am.

e) Prior to this incident, in June 2020, Jade and Ivan had invited Don and Marla over to their house for lunch. During the course of the meal, a tiff between Marla and Don erupted into a big row during which Marla abused Don, calling him a "w****r". In retaliation, Don furiously slapped Marla, who suffered a bruise to her cheek. Jade was about to call the police but Marla dissuaded her. Ivan rebuked Don who apologised and swore never to lay a hand on Marla ever again.

f) Subsequently, in December 2020, the 4 of them met at Flagstaff Gardens for a picnic. The men kicked a football around while the women chatted and got the food ready. The picnic broke up after Marla and Don got into an argument. Marla called Don a "pathetic b*****d", which Don took to be an insinuation that his mother was unwed when she had him. Furious, Don wanted to hit Marla but was prevented by Ivan, who3 reminded Don of his promise. To vent his rage, Don smashed some crockery before stomping off.

Suppose Jade had contracted a new deadly variant of the COVID-19 virus a week before the criminal proceedings for recklessly causing serious injury against Don began. Her condition was so critical that she was put into an induced coma. It was not known then whether Jade would survive. With specific reference to the relevant provisions in Part 3.2, Divisions 1 and 2 of the Evidence Act 2008 (Vic) and relevant cases (if any), discuss how the prosecution could or would have adduced evidence of what Jade told the police in her statement as per paragraph 9 of the Facts. For purposes of this question you may assume that Jade's account was relevant to the charge against Don. You are neither expected nor required to discuss the relevance of Jade's statement, or any provision from Part 3.11 of the Evidence Act 2008 (Vic) and no marks will be awarded if you do.

Also, what is the fact in issue