CRIMINAL LAW AMENDMENT (SEXUAL ASSAULT AND OTHER MATTERS) ACT 2004 (NO. 46 OF 2004) - SECT 13

CRIMINAL LAW AMENDMENT (SEXUAL ASSAULT AND OTHER MATTERS) ACT 2004 (NO. 46 OF 2004) - SECT 13

13 .         Section 31A inserted

                After section 31 the following section is inserted —

“

31A.         Propensity and relationship evidence

        (1)         In this section —

        “propensity evidence” means —

            (a)         similar fact evidence or other evidence of the conduct of the accused person; or

            (b)         evidence of the character or reputation of the accused person or of a tendency that the accused person has or had;

        “relationship evidence” means evidence of the attitude or conduct of the accused person towards another person, or a class of persons, over a period of time.

        (2)         Propensity evidence or relationship evidence is admissible in proceedings for an offence if the court considers —

            (a)         that the evidence would, either by itself or having regard to other evidence adduced or to be adduced, have significant probative value; and

            (b)         that the probative value of the evidence compared to the degree of risk of an unfair trial, is such that fair-minded people would think that the public interest in adducing all relevant evidence of guilt must have priority over the risk of an unfair trial.

        (3)         In considering the probative value of evidence for the purposes of subsection (2) it is not open to the court to have regard to the possibility that the evidence may be the result of collusion, concoction or suggestion.

”.