The Pfennig 'no rational view consistent with innocence' test applies to the statutory coincidence evidence provisions in ss 98 and 101(2) of the Evidence Act 1995 (NSW). In cases involving multiple deaths or events, the court must assess each count separately, asking whether the evidence from other counts, when added to the evidence on the count in question, eliminates any reasonable doubt. The fact that evidence relating to any single event would prove nothing on its own does not preclude the Pfennig test being satisfied by the cumulative effect of all events considered together.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.