An enhanced audio recording that reduces background noise remains a 'copy' of the original document for the purposes of s 48(1)(b) of the Evidence Act 1995 (NSW), as the admissibility of a copy does not depend on it being an exact copy (s 47(2)). Where evidence of prior corrupt dealings is led to prove the elements of a corruption charge, it is tendency evidence attracting the requirements of Part 3.6 of the Evidence Act 1995, not mere relationship evidence, and appropriate directions must be given. The obligation to warn juries against propensity reasoning extends beyond sexual assault cases to all cases where there is a real risk of inappropriate propensity reasoning.
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