Tendency and Coincidence Evidence

Question 1

Tendency evidence

Answer 1

Tendency evidence is evidence of the character, reputation or conduct of a person, or a tendency that a person has or had, that is used to prove that the person has or had a tendency to act in a particular way or have a particular state of mind. It may found an inference that, because a person has or had such a tendency, it is more likely that they acted in a particular way or had a particular state of mind on the occasion in question (97).

Question 2

Tendency evidence is not admissible to prove that a person acted in a particular way or had a particular state of mind unless…

Answer 2

1. The party gives reasonable notice to each other party in writing (unless Court waives notice requirement or the evidence is adduced to explain or contradict tendency evidence adduced by another party.
2. The court thinks the evidence will, by itself or with regard to other evidence, have significant probative value (there is likely to be significant probative value where the evidence, by itself or together with other evidence, strongly supports proof of a tendency and the tendency strongly supports a fact in issue - Hughes) (97).
3. If evidence adduced by the prosecution about A, the evidence cannot be use against A unless the probative value substantially outweighs the prejudicial affect (unless it is being adduced to explain or contradict tendency evidence adduced by A) (101). 

Question 3

Coincidence evidence

Answer 3

Coincidence evidence is evidence that 2 or more events occurred, which is a adduced to prove A did a particular act or had a particular state of mind on the basis that, having regard to any similarities in the events or the circumstances in which the events occurred, or both, it is improbable that they occurred coincidentally. Coincidence reasoning invites the jury to infer that, because of the improbability of the events or circumstances occurring coincidentally, the fact in issue is established.

Question 4

Coincidence evidence is not admissible unless…

Answer 4

1. The party gives reasonable notice to each other party in writing (unless court waives notice requirement OR the evidence is adduced to explain or contradict coincidence evidence adduced by another party).
2. The court thinks the evidence will, either by itself or with regard to other evidence, have significant probative value.
3. If evidence adduced by the prosecution about A, the evidence cannot be used against A unless the probative value substantially outweighs the prejudicial effect (unless it is being adduced to explain or contradict coincidence evidence adduced by the accused) (101).