A ruling restricting the permitted use of already-admitted evidence as tendency and coincidence evidence is appealable by the Crown under s 5F(3A) of the Criminal Appeal Act 1912 as a ruling 'in respect of the admissibility of evidence'. The 'prejudicial effect' under s 101 of the Evidence Act does not encompass the legitimate forensic use of evidence that goes to the heart of the matters in dispute. The Crown is not obliged to put the alleged tendency to the accused in cross-examination before relying on tendency evidence, and an uncontradicted denial of tendency by the accused does not preclude the jury from finding the tendency established.
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