Tendency and coincidence

Question 1

What part of the Evidence Act are the tendency and coincidence rules?

Answer 1

Pt 3.6

Question 2

What is the tendency rule?

Answer 2

s 97 - evidence of the character, reputation or conduct of a person, or a tendency that a person has or had, is not admissible to prove that a person:
- has or had a tendency (whether because of the person’s character or otherwise) to act (or failed to do an act - s 96) in a particular way; or
- to have a particular state of mind (s 97(1))

Question 3

What is the coincidence rule?

Answer 3

s 98 - Evidence that 2 or more events occurred is not admissible to prove that:
- a person did a particular act (or failed to do an act - s 96); or
- had a particular state of mind
on the basis that, having regard to any similarities in the events or the circumstances in which they occurred, or any similarities in both the events and the circumstances in which they occurred, it is improbable that the events occurred coincidentally (s 98(1))

Question 4

How do the tendency and coincidence rules apply to Ds?

Answer 4

s 101 - T/C evidence about a criminal D adduced by P, cannot be used against D

Question 5

What is the exception to the T/C rule that applies to D?

Answer 5

(1) s 101(2) - the probative value of the evidence substantially outweighs any prejudicial effect it may have on D
(2) s 101(3)/(4) - Tendency/coincidence evidence adduced by P to explain or contradict tendency//coincidence evidence adduced by D

Question 6

When does T/C evidence become admissible?

Question 7

What section is the tendency rule contained in?

Answer 7

s 97

Question 8

What section is the coincidence rule contained in?

Answer 8

s 98