Evidence of prior drug dealings between an accused and a co-offender is admissible as circumstantial evidence to prove the character of their association and to negate innocent explanations for their contact, without engaging the tendency evidence provisions of s 97 of the Evidence Act 1995 (NSW). The reasoning in Harriman v The Queen (1989) 167 CLR 590 applies under the Evidence Act 1995 framework. Where an accused claims a right to silence on legal advice during an ERISP but then voluntarily answers questions, the interview may be admitted where the trial judge is satisfied the truth of the admissions was not adversely affected.
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