94Application of Part

### 94 Application of Part > > (1)  This Part does not apply to evidence that relates only to the credibility of a witness. > > > (2)  This Part does not apply so far as a proceeding relates to bail or sentencing. > > > (3)  This Part does not apply to evidence of – > > > > > > (a) the character, reputation or conduct of a person; or > > > > > > > (b) a tendency that a person has or had – > > > > if that character, reputation, conduct or tendency is a fact in issue. > > > (4)  [*\[Section 94 Subsection (4) inserted by No. 2 of 2023, s. 21, Applied:20 Apr 2023\]*](/view/html/inforce/2023-04-20/act-2023-002#GS21@EN) To avoid doubt, any principle or rule of the common law or equity that prevents or restricts the admissibility of evidence about propensity or similar fact evidence in a proceeding is not relevant when applying this Part to tendency evidence or coincidence evidence about a defendant. > > > (5)  [*\[Section 94 Subsection (5) inserted by No. 2 of 2023, s. 21, Applied:20 Apr 2023\]*](/view/html/inforce/2023-04-20/act-2023-002#GS21@EN) In determining the probative value of tendency evidence or coincidence evidence for the purposes of [section 97(1)(b)](#GS97@Gs1@Hpb@EN) , [97A(4)](#GS97A@Gs4@EN) , [98(1)(b)](#GS98@Gs1@Hpb@EN) or [101(2)](#GS101@Gs2@EN) , it is not open to the court to have regard to the possibility that the evidence may be the result of collusion, concoction or contamination.