Section 31A of the Evidence Act 1906 (WA) does not require a grant of leave as a precondition to the admissibility of propensity or relationship evidence; the words 'if the court considers' operate only when admissibility is called into question by the accused or the presiding judge. However, the majority view (Martin CJ and Mazza JA) differs from Buss JA's view that s 31A requires a court determination as a precondition. Best practice remains to apply for a ruling before trial. A prior s 31A ruling remains effective for substantially identical counts in a substituted indictment.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.