South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Evidence (Propensity Evidence) Amendment
Bill 2009
A BILL FOR
An Act to amend the Evidence Act 1929.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Evidence
Act 1929
4 Insertion of section
34CC
34CC Admissibility of propensity
evidence
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Evidence (Propensity Evidence) Amendment
Act 2009.
This Act will come into operation 3 months after the date of
assent.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Evidence
Act 1929
After section 34CB insert:
34CC—Admissibility of propensity
evidence
(1) Propensity evidence relevant to facts in issue in proceedings relating
to a major indictable offence is admissible if the court considers that in all
the circumstances it is just to admit it despite any prejudicial effect it may
have on the person charged with the offence.
(2) The possibility of a reasonable explanation consistent with the
innocence of the person charged with an offence is not relevant to the
admissibility of evidence referred to in subsection (1).
(3) Nothing in this section prevents a court taking into account the
possibility of a reasonable explanation consistent with the innocence of the
person charged with an offence when considering the weight of the evidence or
the credibility of a witness.
(4) This section has effect despite any rule of law to the
contrary.