The Pfennig 'no rational view consistent with innocence' test applies to tendency evidence admissibility under ss 97, 101 and 137 of the Evidence Act 1995. The correct approach requires assuming the other evidence leaves a reasonable doubt, then asking whether the tendency evidence, when added, eliminates any reasonable view consistent with innocence. Tendency evidence of domestic violence towards former partners can support an inference of intent to cause grievous bodily harm in a murder case even where grievous bodily harm was not actually inflicted in the prior incidents, provided the prior incidents show intentional violent responses to minor provocations with intent to cause at least the injury actually caused.
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