In domestic violence murder cases, evidence of the history of violence between the accused and deceased is admissible as relationship evidence to provide context for the events surrounding the death without needing to satisfy the tendency evidence requirements of ss 97 and 101 of the Evidence Act 1995. The Pfennig test does not apply to relationship evidence. Hearsay statements by a deceased victim attributing injuries to the accused are admissible under s 65(2)(b) where made when seeking refuge or medical treatment shortly after the injuries, in circumstances making fabrication unlikely. The distinction between prejudice arising from the probative value of evidence and unfair prejudice is critical to the s 137 analysis.
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