Evidence of a connected series of events evincing a particular continuing state of mind is admissible as circumstantial evidence for purposes including proof of continuing state of mind, motive, purpose, intention, or context, and is not admissible only as tendency evidence under s 97 of the Evidence Act 2008 (Vic). This is so even where the events are not closely contemporaneous with the charged act and even where the evidence may also support tendency reasoning. The O'Leary principle extends beyond evidence forming part of the same 'transaction' to encompass a connected series of events evincing a continuing state of mind.
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