s. 464ZE (a) the prosecution satisfies the court on the S. 464ZE(2)(a) balance of probabilities that the amended by No. 81/1997 circumstances justify the reception of the s. 24(2)(b). evidence; or (b) the accused consents to the reception of the evidence. (2A) In determining whether the circumstances justify S. 464ZE(2A) inserted by the reception of evidence otherwise inadmissible No. 81/1997 by reason of subsection (1)(a) or (1)(ab), the court s. 24(3), amended by may have regard to the following— No. 80/1998 s. 3(c). (a) the probative value of the evidence, including whether equivalent evidence or evidence of equivalent probative value could have been obtained by other means; (b) the reasons given for the failure to comply S. 464ZE (2A)(b) with a provision referred to in amended by subsection (1)(a) or (1)(ab); No. 80/1998 s. 3(c). (c) the gravity of that failure and whether it deprived the person of a significant protection under this Subdivision; (d) whether that failure was intentional or reckless; (e) the nature of the requirement that was not complied with; (f) the nature of the offence alleged against the person and the subject-matter of the proceedings; (g) whether the reception of the evidence would seriously undermine the protection given to persons under this Subdivision; (h) any other matters the court considers relevant.
S. 464ZE(2)(a) amended by No. 81/1997 s. 24(2)(b). (a) the prosecution satisfies the court on the balance of probabilities that the circumstances justify the reception of the evidence; or (b) the accused consents to the reception of the evidence. S. 464ZE(2A) inserted by No. 81/1997 s. 24(3), amended by No. 80/1998 s. 3(c). (2A) In determining whether the circumstances justify the reception of evidence otherwise inadmissible by reason of subsection (1)(a) or (1)(ab), the court may have regard to the following— (a) the probative value of the evidence, including whether equivalent evidence or evidence of equivalent probative value could have been obtained by other means; S. 464ZE (2A)(b) amended by No. 80/1998 s. 3(c). (b) the reasons given for the failure to comply with a provision referred to in subsection (1)(a) or (1)(ab); (c) the gravity of that failure and whether it deprived the person of a significant protection under this Subdivision; (d) whether that failure was intentional or reckless; (e) the nature of the requirement that was not complied with; (f) the nature of the offence alleged against the person and the subject-matter of the proceedings; s. 464ZE (g) whether the reception of the evidence would seriously undermine the protection given to persons under this Subdivision; (h) any other matters the court considers relevant.
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