Section 34CB of the Evidence Act 1929 (SA) does not require a judge sitting alone to warn herself about forensic disadvantage, though the judge must pay close attention to the issue and adequately deal with it in reasons. Discreditable conduct evidence does not ordinarily need to be proved beyond reasonable doubt. Evidence that is inadmissible as complaint evidence under s 34M may nevertheless be admissible and relevant for the purpose of excluding concoction or contamination of witnesses' accounts. The receipt of admissible evidence de bene esse that is ultimately not accepted by the trier of fact does not render that evidence inadmissible and does not give rise to a miscarriage of justice.
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