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Evidence (National Uniform Legislation) Act 2011
101Further restrictions on tendency evidence and coincidence
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101 Further restrictions on tendency evidence and coincidence
evidence adduced by prosecution
(1) This section only applies in a criminal proceeding and so applies in
addition to sections 97 and 98.
(2) Tendency evidence about a defendant, or coincidence evidence
about a defendant, that is adduced 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 adduces to explain or contradict tendency evidence
adduced by the defendant.
(4) This section does not apply to coincidence evidence that the
prosecution adduces to explain or contradict coincidence evidence
adduced by the defendant.
Evidence (National Uniform Legislation) Act 2011 57