Transcription of Tendency, Coincidence & Joint Trials
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Tendency, Coincidence & Joint Trials
tendency , Coincidence & Joint Trials 2018 Public Defenders Conference Tim Gartelmann SC DCJ Carly Berrigan LLB(Hons) 17th March 2018 1 TABLE OF CONTENTS _____ INTRODUCTION 2 tendency 3 Overview 3 Evidence Act 1995 provisions 4 Notice 5 Section 97 determination 5 Significant probative value 5 Considerations 7 Section 101 determination 15 Prejudicial effect 15 Directions 17 Standard of proof 18 Anti- tendency 18 Coincidence 20 Overview 20 Evidence Act 1995 provisions 21 Notice 22 Section 98(1) determination 23 Significant probative value 23 Considerations 27 Section 101 determination 29 Prejudicial effect 29 Directions 30 Standard of proof 30 Concoction & contamination 30 Joint Trials 31 Criminal Procedure Act 1986 provisions 31 General principles 31 2 INTRODUCTION [1] tendency evidence and Coincidence evidence are among the more complicated and controversial areas of evidence law in criminal cases. [2] The issues that may arise in connection with tendency and Coincidence evidence are many and varied.
2 INTRODUCTION [1] Tendency evidence and coincidence evidence are among the more complicated and controversial areas of evidence law in criminal cases. [2] The issues that may arise in connection with tendency and coincidence evidence
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