This chapter examines tendency and coincidence as two categories of evidence and the rules for their admissibility that apply in civil and criminal proceedings. The tendency rule in s 97 excludes tendency (propensity evidence), which is evidence of conduct, character or reputation that is adduced to show or prove a tendency to act in a particular way or to have a particular state of mind, unless certain conditions are met. The coincidence rule in s 98 excludes evidence of two or more events (similar fact evidence) that is adduced to prove that a person did a particular act or had a particular state of mind on the basis that ‘it is improbable that the events occurred coincidentally’, unless certain conditions are met.
The chapter then examines two thresholds for admission of these. First, the evidence must have ‘significant probative value’. Second, where the prosecution is adducing the evidence in criminal proceedings, it must satisfy the additional hurdle of s 101(2). Finally, the chapter will consider the circumstances where such evidence is admitted for a purpose other than proving tendency or coincidence.
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