QLDIn ForceAct
Evidence Act 1977
sec.129AAApplication
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### sec.129AA Application
This part applies to criminal proceedings.
Despite subsection (1) , this part does not apply to—
bail or sentencing proceedings; or
evidence that relates only to the credibility of a witness; or
evidence of the character, reputation or conduct of a person, or a tendency that a person has or had, to the extent that the character, reputation, conduct or tendency is a fact in issue.
To avoid doubt, any principle or rule of the common law that prevents or restricts the admissibility of evidence about propensity or similar fact evidence in a proceeding is not relevant when applying this part to tendency evidence or coincidence evidence about a defendant.
In determining the probative value of tendency evidence or coincidence evidence for the purpose of this part, it is not open to the court to have regard to the possibility that the evidence may be the result of collusion, concoction or contamination.
s 129AA ins 2024 No. 48 s 40
(sec.129AA-ssec.1) This part applies to criminal proceedings.
(sec.129AA-ssec.2) Despite subsection (1) , this part does not apply to— bail or sentencing proceedings; or evidence that relates only to the credibility of a witness; or evidence of the character, reputation or conduct of a person, or a tendency that a person has or had, to the extent that the character, reputation, conduct or tendency is a fact in issue.
(sec.129AA-ssec.3) To avoid doubt, any principle or rule of the common law that prevents or restricts the admissibility of evidence about propensity or similar fact evidence in a proceeding is not relevant when applying this part to tendency evidence or coincidence evidence about a defendant.
(sec.129AA-ssec.4) In determining the probative value of tendency evidence or coincidence evidence for the purpose of this part, it is not open to the court to have regard to the possibility that the evidence may be the result of collusion, concoction or contamination.
- (a) bail or sentencing proceedings; or
- (b) evidence that relates only to the credibility of a witness; or
- (c) evidence of the character, reputation or conduct of a person, or a tendency that a person has or had, to the extent that the character, reputation, conduct or tendency is a fact in issue.