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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)

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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