When assessing the probative value of tendency evidence based on prior convictions, the court must consider the effect of intervening years of good conduct, a guilty plea and reparation on whether the tendency persisted to the time of the charged conduct. A 15-year gap without asserted blemish substantially weakens the probative value of prior conviction evidence. For coincidence evidence under s 98, the court must examine dissimilarities as well as similarities in the manner of offending. The proviso to s 6(1) of the Criminal Appeal Act will not be applied where wrongly admitted tendency/coincidence evidence was bound to colour the jury's assessment of the accused's credibility on the central issue at trial, even where the Crown case was otherwise almost overwhelming.
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