13BEffect of failure to submit evidence

### 13B Effect of failure to submit evidence > [*\[Section 13B Inserted by No. 50 of 2017, s. 5, Applied:12 Dec 2017\]*](/view/html/inforce/2017-12-12/act-2017-050#GS5@EN) > > > (1)  If – > > > > > > (a) a person is charged with a family violence 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 charge; and > > > > > > > (b) the person is charged with another family violence offence (the ***second charge***), whether in a court of summary jurisdiction or on indictment – > > > > that acquittal does not prevent the admission, in a hearing on the second charge, of first charge evidence as evidence of the relationship between the person and another person, tendency evidence or coincidence evidence. > > > (2)  In this section – > > > > > ***coincidence evidence*** has the same meaning as in the [Evidence Act 2001](/view/html/inforce/2026-04-12/act-2001-076) ; > > > > > ***first charge evidence*** means evidence that could have been offered by the prosecution in a hearing on the first charge; > > > > > ***tendency evidence*** has the same meaning as in the [Evidence Act 2001](/view/html/inforce/2026-04-12/act-2001-076) .