EVIDENCE - Coincidence evidence - s 98 Evidence Act 1995 (as at 10 November 2008) - for events to be related events, the events must be substantially and relevantly similar; and that the circumstances in which the events occurred must be substantially similar
EVIDENCE - Coincidence evidence - where evidence of A is adduced to prove that because of the improbability of A and B occurring coincidentally, a person did B; and evidence of A also adduced to prove that because of the improbability of A and C occurring coincidentally, that person did C - consideration of similarities between B and C not relevant to whether evidence of A can be admitted as coincidence evidence concerning B or C
CRIMINAL LAW - Evidence - Coincidence evidence - s 101 Evidence Act 1995 - probative value of evidence must outweigh any prejudicial effect it may have on the defendant - whether trial judge applied test
EVIDENCE - Coincidence evidence - s 95 Evidence Act 1995 - where evidence inadmissible as coincidence evidence but admitted as circumstantial evidence, but where the probative value of the evidence as circumstantial evidence relied upon the same similarities as those identified in relation to coincidence evidence
Case Details
Citation[2011] NSWCCA 234
CourtNSWCCA
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
