Evidence of an accused's aggressive conduct closely related in time and place to an alleged offence of malicious damage is not tendency evidence under s 97 of the Evidence Act 1995 (NSW) and is admissible without notice as evidence of state of mind and as part of the same connected series of events under the O'Leary principle.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
3 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.