Section 34P of the Evidence Act 1929 (SA) does not require a trial judge to consider the admissibility of discreditable conduct evidence when no objection is taken by the defendant; counsel's concession as to admissibility excludes the obligation, though questions as to proper use remain. Under s 50 of the Criminal Law Consolidation Act 1935 (SA), persistent sexual exploitation may be proved without proof of uniquely identified occasions; it is sufficient if a pattern of offending behaviour during the relevant period is established beyond reasonable doubt. The obiter observations of White J in R v C, CN [2013] SASCFC 44 on the mandatory nature of s 34P are not accepted.
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