The prosecution's case can be 'substantially weakened' by the exclusion of evidence under s 5F(3A) even where the complainant's evidence alone, if accepted, would suffice to establish the offence; the prosecution is entitled to call corroborative evidence and its exclusion can constitute substantial weakening. The jurisdictional requirement of s 5F(3A) can be satisfied even where no trial is currently on foot, provided the Crown case can be ascertained from the Crown brief. Whether the s 101(2) balancing exercise is a discretion or evaluative judgment remains an open question.
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