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Evidence in proceedings where circumstances of family violence

Part 3 Division 4 (sections 34U-34Z) was inserted into the Evidence Act 1929 (SA) on 29 March 2021.

If a defendant asserts that an offence occurred in circumstances of family violence [as per s 34V], a court may receive evidence of family violence [s 34W], including expert evidence consisting of social framework evidence about family violence [s 34X].

A defendant (or any other person) can adduce social framework evidence (through expert evidence), where the defendant asserts the offence occurred in circumstances of family violence, and for which one or more of the following defences are raised:

  • self defence
  • duress
  • sudden or extraordinary emergency

If evidence of family violence is admitted in the course of the trial for an offence that the defendant asserts occurred in circumstances of family violence [see s 34V], the judge must (whether or not sitting with a jury) identify and explain the purpose for which the evidence may, and may not be used [s 34Y].

Evidence in proceedings where circumstances of family violence  :  Last Revised: Fri Mar 26th 2021
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