AustLII Tasmanian Consolidated Acts

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FAMILY VIOLENCE ACT 2004 - SECT 13B

Effect of failure to submit evidence

(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 ;
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 .



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