Evidence of an accused's military training in specific attack methods is admissible as relevant circumstantial evidence under s 55 of the Evidence Act 1995 where it forms part of a broader circumstantial case connecting the accused to the manner of killing, and does not constitute coincidence evidence under s 98 merely because the Crown relies on similarities between the training and the method of killing. A demonstration video of such techniques is not unfairly prejudicial under s 137 where it is clearly a reconstruction and appropriate jury directions are given. The proviso applies where the remaining evidence, excluding the challenged evidence, proves guilt beyond reasonable doubt.
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