Evidence of uncharged sexual and violent offences and squalid living conditions in which children were raised is admissible under s 34P(2)(a) of the Evidence Act 1929 (SA) for non-propensity purposes including explaining a complainant's failure to complain earlier and rebutting the inference of innocence arising from the parental relationship. Where a trial judge rules there is no case to answer on a charge of unlawful sexual intercourse, an alternative verdict of indecent assault under s 75 of the Criminal Law Consolidation Act 1935 (SA) is not available if the complainant did not give evidence of the conduct alleged to constitute the primary charge. The changes effected by s 34P are limited: the Hoch and Pfennig tests are abrogated by s 34S, but the fundamental structure of the law of evidence remains intact.
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