Evidence of a deceased victim's prior violent conduct, including remote prior killings, may be admissible in support of self-defence not as tendency evidence under s 97 of the Evidence Act 1995 but on the distinct basis that it renders less improbable the accused's account of the deceased's threatening behaviour. The probative value of such evidence is assessed by reference to the standard of proof applicable to the issue — where the question is whether there is a reasonable possibility the deceased acted as described, the evidence has greater probative value than if the question were proof beyond reasonable doubt. The three judges disagreed on whether the evidence was tendency evidence (Hidden J) or not (Hodgson JA, Hulme J), but all agreed it was admissible.
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