A properly drafted s 98 coincidence evidence notice must identify four matters: (i) the two or more related events, (ii) the person whose conduct or state of mind is in question, (iii) whether the evidence is to prove a particular act and what that act is, and (iv) whether the evidence is to prove a particular state of mind and what that state of mind is. The trial judge's task in determining admissibility of coincidence evidence is essentially evaluative and predictive, requiring assessment of whether the jury would be likely to assign the evidence significant probative value. Where evidence is admissible in its own right in a joint trial of multiple counts, the true question is not admissibility but what use may be made of the evidence on each count.
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