Section 66(2) of the Evidence Act 1995 (NSW) can accommodate complaint evidence about a pattern of abuse extending over several months where the pattern continued up to or near the time of complaint, the constant refreshing effect of regular repetition providing a basis for the occurrence being 'fresh in the memory'. The question whether the Pfennig 'no rational view consistent with innocence' test correctly states the threshold for admissibility of tendency evidence under s 101(2) of the Evidence Act was left open for future determination.
The full text is available to signed-in members, including the 25 later cases that cite this judgment.
5 of the 25 citing cases carry a classified treatment. How each court treated it is available to signed-in members.