(1) In this
propensity evidence means —
similar fact evidence or other evidence of the conduct of the accused person;
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.
evidence or relationship evidence is admissible in proceedings for an offence
if the court considers —
the evidence would, either by itself or having regard to other evidence
adduced or to be adduced, have significant probative value; and
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.
[Section 31A inserted: No. 46 of 2004