Evidence that is directly relevant to a fact in issue (such as the accused's knowledge and state of mind) is admissible and is not tendency evidence within ss 97 and 101 of the Evidence Act 1995, even if it reveals discreditable conduct. In sentencing for white collar fraud by subordinate corporate officers, the maximum penalty should not be imposed where the offender acted under the direction of a dominating superior, received no personal benefit, and has strong subjective features, even though general deterrence remains of prime importance. The case establishes that subordinate position within a corporate hierarchy does not excuse criminal conduct involving dishonesty towards banks.
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