Relationship evidence spanning several years prior to a stalking offence is admissible where it goes to the accused's state of mind, being an element of the offence under s 562AB of the Crimes Act 1900 (NSW). Time remoteness does not per se exclude relationship evidence; the test is whether a relevant inference may logically and reasonably be drawn. Such evidence is not unfairly prejudicial within ss 135 or 137 of the Evidence Act 1995 merely because it points to guilt, provided the jury is directed as to its limited use.
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