Where the only connection between two quantities of a prohibited drug is that they contain the same substance, but the liquids are visually different and cannot be shown to come from the same source, evidence of possession of one quantity is admissible to prove possession of the other only as tendency evidence under s 97 of the Evidence Act 1995 (NSW). The Crown cannot circumvent the tendency evidence requirements by labelling such evidence as 'contextual' or 'circumstantial'.
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