Evidence previously ruled inadmissible as tendency evidence under ss 97 and 101 of the Evidence Act 1995 (NSW) may nonetheless be admissible as rebuttal character evidence under s 110, subject to the discretionary and mandatory exclusions in ss 135 and 137. There is no 'fundamental principle' preventing such evidence from being adduced. The DPP's discontinuance of a prosecution based on a witness's allegations does not equate to a withdrawal of those allegations by the complainant and does not, without more, give rise to a miscarriage of justice.
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