When assessing the admissibility of coincidence evidence under s 98 of the Evidence Act 1995 (NSW), the court must consider the similarities between events cumulatively rather than individually, and must assess probative value in light of all other evidence to be adduced by the tendering party. Features that are individually common to a type of offence may collectively have significant probative value. For tendency evidence under s 97, it must be established beyond reasonable doubt that the persons committing the acts were the accused, which is a higher threshold than for coincidence evidence.
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