A notice of intention to adduce tendency evidence under s 97(1) of the Evidence Act 1995 must comply with the specific requirements of Regulation 6(2) of the NSW Evidence Regulations by stating the substance of the evidence and particulars of date, time, place and circumstances; a notice that merely refers to the brief of evidence and committal evidence is defective. Failure by defence counsel to object to a defective notice does not constitute waiver in criminal proceedings unless the requirements of s 190(2) are satisfied. A direction permitting the jury to use a finding of guilt on one count to assist in determining guilt on another count is a misdirection unless carefully confined to the use of conduct found proved as evidence of guilty passion.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
3 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.