In a judge-alone criminal trial, an error of fact by the trial judge that is immaterial to the admissibility or probative force of the evidence and could not reasonably be regarded as having affected the verdict does not engage the second limb of s 668E(1) of the Criminal Code (Qld) and, if it engages the third limb, the proviso operates. Section 132A of the Evidence Act 1977 (Qld) alters the common law rule from Hoch v The Queen so that similar fact evidence must not be ruled inadmissible on the ground it may be the result of collusion, but in a judge-alone trial the weight to be given to such evidence depends on the trial judge's assessment of whether there remains a real risk of collusion.
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