Propensity evidence of prior convictions for assaulting persons other than the victim may lack significant probative value under s 31A(2)(a) of the Evidence Act 1906 (WA) where the prior offences are remote in time, the prior victims were not involved in the charged events, the accused's relationship circumstances have changed, and the prior offending involved premeditated aggression whereas the charged conduct was reactive. By contrast, relationship evidence of prior assaults on the victim may have significant probative value on the issue of the accused's state of mind, particularly where the State's case is that the accused acted from long-standing animus rather than self-defence.
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