Explain the rules in relation tothe admission of tendency evidence and coincidence evidence and how theycurrently operate in NSW and Commonwealth evidence law.

The Courts have long recognised the dangers posed by tendency evidence. By necessity, tendency evidence results in fact finders considering events other than the circumstances of the given offence. There is a real danger that tendency evidence can lead to what has been described as “rank propensity” reasoning by fact finders, including juries.

That kind of reasoning holds that because an accused person has engaged in certain criminal or other discreditable conduct in the past, he or she is the kind of person that would have committed the offence before the Court.

There are obvious dangers with that kind of reasoning, and by lowering the threshold for the admissibility of tendency and coincidence evidence, there is a real danger that innocent people will be convicted based on their past conduct rather than direct evidence concerning the offending conduct.

(Liberty Victoria, Media Release –Liberty Victoria Oppose Reforms to Tendency and Coincidence Evidence, 3 March 2020,

https://libertyvictoria.org.au/content/media-release-liberty-victoria-oppose-reforms-tendency-and-coincidence-evidence

Write an essay in which you critically evaluate this statement, focusing on the law in relation to the admission of tendency and coincidence evidence incases concerning child sexual offences.

The essay should:

1.Explain the rules in relation tothe admission of tendency evidence and coincidence evidence and how theycurrently operate in NSW and Commonwealth evidence law (5 marks).

2.Explainthe recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse in relation to the admissibility of tendency and coincidence evidence (5 marks).

3.Critically evaluate the arguments for and against the admissibility of tendency and coincidence evidence in child sexual offences. Your critical evaluation should be supported by the materials provided and your own independent research (20marks).

4.Demonstrate accurate andclear written expression, formatting, grammar and referencing in accordance with the Australian Guide to Legal Citation(4thed) and the UTS Law Guide to Written Communication (10marks).

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