Coincidence evidence under s 98 of the Evidence Act 2008 (Vic) ordinarily requires a greater level of similarity or commonality of features than tendency evidence under s 97, because coincidence reasoning depends on the improbability that witnesses would independently give similar accounts unless truthful. Once identified similarities raise the improbability of coincidence, the existence of dissimilarities will not diminish the probative value of the evidence. Where evidence supports both coincidence and tendency reasoning, tendency reasoning may provide the stronger and preferable basis of admissibility.
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