A tendency notice that broadly alleges a tendency to engage in physical and verbal violence during a relationship, without relating specific tendencies to specific charges, will not satisfy the significant probative value requirement under s 97 of the Evidence Act 2008. Evidence that fails to meet the threshold for tendency evidence under s 97 should generally not be admitted as relationship or context evidence, as this would circumvent the statutory requirements of ss 97 and 101(2). Relationship and context evidence in domestic violence cases should be limited to what is necessary to explain the charged conduct, not extend to detailed evidence of every discreditable act over a multi-year period.
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