Tendency evidence under s 97(1) of the Evidence Act 1995 need not demonstrate a tendency to commit acts closely similar to the criminal activity charged; it is sufficient that the evidence shows a tendency to act in a particular way that is relevant to a fact in issue. The standard of appellate review differs depending on which element of the tendency evidence admissibility decision is challenged: questions of relevance and whether evidence falls within s 97(1) are reviewed on a Warren v Coombes correctness basis, while the s 101(2) balancing exercise is reviewed on a House v The King basis. However, the appellate review standard analysis was the view of Campbell JA alone; Howie J and Rothman J considered it unnecessary to decide.
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