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 […]