In a murder trial based on circumstantial evidence, relationship evidence of domination and violence during cohabitation that is remote in time from the alleged offence is only marginally relevant to a motive based on a custody dispute and is likely inadmissible, whereas post-separation evidence directly related to the custody dispute is admissible on the issue of motive. Expressions of fear by the deceased do not tend to prove the accused killed her or acted with intent. The s 65(2)(b) 'shortly after' requirement is principally directed at excluding concocted evidence and requires approximate contemporaneity with the asserted fact.
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