EVIDENCE ACT 1929 - SECT 34P
EVIDENCE ACT 1929 - SECT 34P
34P—Evidence of discreditable conduct
(1) In the trial of a
charge of an offence, evidence tending to suggest that a defendant has engaged
in discreditable conduct, whether or not constituting an offence, other than
conduct constituting the offence ("discreditable conduct evidence )—
(a)
cannot be used to suggest that the defendant is more likely to have committed
the offence because he or she has engaged in discreditable conduct; and
(b) is
inadmissible for that purpose ("impermissible use"); and
(c)
subject to subsection (2), is inadmissible for any other purpose.
(2) Discreditable
conduct evidence may be admitted for a use (the "permissible use") other than
the impermissible use if, and only if—
(a) the
judge is satisfied that the probative value of the evidence admitted for a
permissible use outweighs any prejudicial effect it may have on the defendant;
and
(b) in
the case of evidence admitted for a permissible use that relies on a
particular propensity or disposition of the defendant as circumstantial
evidence of a fact in issue—the evidence has strong probative value
having regard to the particular issue or issues arising at trial.
(3) In the
determination of the question in subsection (2)(a), the judge must have
regard to whether the permissible use is, and can be kept, sufficiently
separate and distinct from the impermissible use so as to remove any
appreciable risk of the evidence being used for that purpose.
(4) Subject to
subsection (5), a party seeking to adduce evidence that relies on a
particular propensity or disposition of the defendant as circumstantial
evidence of a fact in issue under this section must give reasonable notice in
writing to each other party in the proceedings in accordance with the rules of
court.
(5) The court may, if
it thinks fit, dispense with the requirement in subsection (4).