A trial judge in a judge alone trial is not required to be satisfied beyond reasonable doubt of each item of underpinning conduct before finding a tendency established beyond reasonable doubt; the question is whether the tendency itself is proved to that standard. When considering whether a particular tendency incident occurred, the tribunal of fact may have regard to evidence of other tendency incidents. A police intelligence document recording vehicle registration details may be admitted as a business record under s 69 of the Evidence Act 1995 (NSW) where the representation was made for general intelligence purposes and not in connection with a particular investigation.
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