QLDIn ForceAct
Evidence Act 1977
sec.129AJExceptions to tendency rule—evidence about character of an accused person
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### sec.129AJ Exceptions to tendency rule—evidence about character of an accused person
The tendency rule does not apply to—
evidence adduced by a defendant to prove, directly or indirectly, that the defendant is, generally or in a particular respect, a person of good character; or
evidence adduced to refute evidence of the kind referred to in paragraph (a) .
The tendency rule also does not apply to—
evidence of the defendant’s character adduced by another defendant if—
the evidence is an opinion about the defendant; and
the person whose opinion it is has specialised knowledge based on the person’s training, study or experience; and
the opinion is wholly or substantially based on that knowledge; or
if evidence of the kind referred to in paragraph (a) is admitted, evidence adduced to prove that that opinion evidence should not be accepted.
s 129AJ ins 2024 No. 48 s 40
(sec.129AJ-ssec.1) The tendency rule does not apply to— evidence adduced by a defendant to prove, directly or indirectly, that the defendant is, generally or in a particular respect, a person of good character; or evidence adduced to refute evidence of the kind referred to in paragraph (a) .
(sec.129AJ-ssec.2) The tendency rule also does not apply to— evidence of the defendant’s character adduced by another defendant if— the evidence is an opinion about the defendant; and the person whose opinion it is has specialised knowledge based on the person’s training, study or experience; and the opinion is wholly or substantially based on that knowledge; or if evidence of the kind referred to in paragraph (a) is admitted, evidence adduced to prove that that opinion evidence should not be accepted.
- (a) evidence adduced by a defendant to prove, directly or indirectly, that the defendant is, generally or in a particular respect, a person of good character; or
- (b) evidence adduced to refute evidence of the kind referred to in paragraph (a) .
- (a) evidence of the defendant’s character adduced by another defendant if— (i) the evidence is an opinion about the defendant; and (ii) the person whose opinion it is has specialised knowledge based on the person’s training, study or experience; and (iii) the opinion is wholly or substantially based on that knowledge; or
- (i) the evidence is an opinion about the defendant; and
- (ii) the person whose opinion it is has specialised knowledge based on the person’s training, study or experience; and
- (iii) the opinion is wholly or substantially based on that knowledge; or
- (b) if evidence of the kind referred to in paragraph (a) is admitted, evidence adduced to prove that that opinion evidence should not be accepted.
- (i) the evidence is an opinion about the defendant; and
- (ii) the person whose opinion it is has specialised knowledge based on the person’s training, study or experience; and
- (iii) the opinion is wholly or substantially based on that knowledge; or