ACTIn ForceAct
Evidence Act 2011
101Further restrictions on tendency evidence and
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101 Further restrictions on tendency evidence and
coincidence evidence presented by prosecution
(1) This section applies only in a criminal proceeding and applies in
addition to section 97 (The tendency rule) and section 98 (The
coincidence rule).
(2) Tendency evidence about a defendant, or coincidence evidence about
a defendant, that is presented by the prosecution cannot be used
against the defendant unless the probative value of the evidence
outweighs the danger of unfair prejudice to the defendant.
(3) This section does not apply to tendency evidence that the prosecution
presents to explain or contradict tendency evidence presented by the
defendant.
(4) This section does not apply to coincidence evidence that the
prosecution presents to explain or contradict coincidence evidence
presented by the defendant.