Evidence of a party's driving record, traffic fines, and false log book entries may be used for credibility purposes under s 103 of the Evidence Act 1995 (NSW) without engaging the tendency evidence provisions of Part 3.6, provided the evidence is not relied upon to prove a tendency to act in a particular way. However, trial judges should expressly state that such evidence is being used for credibility rather than tendency purposes, as ambiguous references to a party's 'character as a driver' risk being characterised as impermissible tendency reasoning.
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