Evidence of drugs found at an accused's premises some time after the alleged offence may be admissible as relevant to an ongoing business of supply without constituting tendency evidence under s 97 of the Evidence Act 1995, provided the evidence is of physical inanimate facts rather than conduct. The prohibition in s 97 is on the use of conduct to prove a tendency to act in a particular way, not on use to prove by more direct reasoning that a person did act in a particular way. However, the majority was split on whether such evidence could ever give rise to tendency issues, with Mason P reserving his position. Prior convictions of an alibi witness for drug supply and dishonesty offences may have substantial probative value under s 103(1) for assessing credibility.
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