430Effect of failure to submit evidence relating to certain offences

430 Effect of failure to submit evidence relating to certain offences

[Section 430 Inserted by 25 Geo. V No. 43, s. 3 ]**[Section 430 Amended by No. 30 of 1973, s. 44 ][Section 430 Amended by No. 13 of 1996, s. 21, Applied:01 Jul 2001] [Section 430 Amended by No. 17 of 2024, s. 18, Applied:01 Nov 2024] [Section 430 Inserted by 25 Geo. V No. 43, s. 3 ]**[Section 430 Amended by No. 30 of 1973, s. 44 ][Section 430 Amended by No. 13 of 1996, s. 21, Applied:01 Jul 2001] [Section 430 Amended by No. 17 of 2024, s. 18, Applied:01 Nov 2024]

(1)  In this section –

coincidence evidence has the same meaning as in the Evidence Act 2001 ;

family violence offence means a family violence offence within the meaning of the Family Violence Act 2004 ;

first charge evidence means evidence that could have been offered by the prosecution in a hearing of an offence that is a first charge within the meaning of this section;

sexual offence means an offence of a sexual or indecent nature;

tendency evidence has the same meaning as in the Evidence Act 2001 .

(2)  If –

(a) a person is charged with a family violence offence or a sexual offence (the first charge) in a court of summary jurisdiction but is acquitted because the prosecution has informed the court that it will not be offering any evidence in support of the first charge; and

(b) the person is charged with another family violence offence or sexual offence (the second charge), regardless of which court the second charge is to be determined by –