This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
provides that the court must exclude prosecution evidence in criminal proceedings if its probative value is outweighed by the danger of unfair prejudice to the accused. The 2005 LRCs' Report refers to common law authority that evidence is not unfairly prejudicial to a defendant merely because it damages the defence case. Probative value is a defined term. This clause requires the court to systematically assess the probative value of the evidence against the real risk that the tribunal of fact will misuse the evidence in some unfair way.