Evidence of an accused's aggressive behaviour towards third parties during a prolonged drinking session is admissible as part of one continuous transaction culminating in a killing, even where the behaviour occurred at a different location and was directed at persons other than the deceased. The O'Leary principle extends to behaviour that reveals an escalating state of intoxication and aggression forming a continuum with the offending conduct. Post-offence conduct towards police shortly after a killing is also admissible as probative of the accused's state of mind at the time of the offence.
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