Tendency evidence under s 97 of the Evidence Act 1995 (NSW) may be based on a single prior incident; it is not necessary that the conduct occur on multiple occasions to evince a pattern of behaviour. A single incident some years before may provide a weaker foundation than multiple incidents, but this does not deprive the evidence of significance under s 97. The [name withheld] common law admissibility test has no application to tendency evidence under the Evidence Act.
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