sec.129AKStandard of proof for tendency evidence or coincidence evidence

### sec.129AK Standard of proof for tendency evidence or coincidence evidence Tendency evidence or coincidence evidence need not be proved beyond reasonable doubt to the extent that it is adduced as tendency evidence or coincidence evidence unless— the court is satisfied that there is a significant possibility that the jury will rely on the evidence as being essential to its reasoning in reaching a finding of guilt; or the evidence is adduced as both tendency evidence or coincidence evidence and as proof of an element or essential fact of a charge. If tendency evidence or coincidence evidence is adduced as both tendency evidence or coincidence evidence and as proof of an element or essential fact of a charge, the evidence need only be proved beyond reasonable doubt to the extent that it is adduced as proof of the element or essential fact. s 129AK ins 2024 No. 48 s 40 (sec.129AK-ssec.1) Tendency evidence or coincidence evidence need not be proved beyond reasonable doubt to the extent that it is adduced as tendency evidence or coincidence evidence unless— the court is satisfied that there is a significant possibility that the jury will rely on the evidence as being essential to its reasoning in reaching a finding of guilt; or the evidence is adduced as both tendency evidence or coincidence evidence and as proof of an element or essential fact of a charge. (sec.129AK-ssec.2) If tendency evidence or coincidence evidence is adduced as both tendency evidence or coincidence evidence and as proof of an element or essential fact of a charge, the evidence need only be proved beyond reasonable doubt to the extent that it is adduced as proof of the element or essential fact. - (a) the court is satisfied that there is a significant possibility that the jury will rely on the evidence as being essential to its reasoning in reaching a finding of guilt; or - (b) the evidence is adduced as both tendency evidence or coincidence evidence and as proof of an element or essential fact of a charge.