A trial judge's ruling on the admissibility of tendency and coincidence evidence under ss 97 and 98 of the Evidence Act 1995 (NSW) is reviewable on the House v The King standard as an evaluative judgment. Tendency evidence under s 97 will usually depend upon establishing similarities in a course of conduct, even though the section does not expressly refer to similarities, but the common law language of 'striking similarities' is no longer apt. The question of whether NSW and Victorian approaches to tendency evidence under uniform legislation are truly divergent remains open.
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