Note Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so. Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so. (2) Without limiting section 14, it is a good reason for not giving the requested direction if the trial judge considers that there is no substantial risk that the jury might use the evidence as tendency evidence. 30 Abolition of common law rules (1) Except as provided by this Division, a trial judge is not required to direct the jury regarding the use of other misconduct evidence. (2) Any rule of common law to the contrary of this section is abolished. Note Section 4 applies generally to override any rule of law or practice to the contrary of this Act. Division 3—Unreliable evidence 31 Definition In this Division— evidence of a kind that may be unreliable includes— in relation to which Part 3.2 (hearsay evidence) or 3.4 (admissions) of the Evidence Act 2008 applies; and
Note Section 14 requires the trial judge to give this direction, if requested, unless there are good reasons for not doing so. Section 16 requires the trial judge to give a direction if the trial judge considers that there are substantial and compelling reasons for doing so. (2) Without limiting section 14, it is a good reason for not giving the requested direction if the trial judge considers that there is no substantial risk that the jury might use the evidence as tendency evidence. 30 Abolition of common law rules (1) Except as provided by this Division, a trial judge is not required to direct the jury regarding the use of other misconduct evidence. (2) Any rule of common law to the contrary of this section is abolished. Note Section 4 applies generally to override any rule of law or practice to the contrary of this Act. Division 3—Unreliable evidence 31 Definition In this Division— evidence of a kind that may be unreliable includes— in relation to which Part 3.2 (hearsay evidence) or 3.4 (admissions) of the Evidence Act 2008 applies; and
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