When assessing whether tendency evidence should be excluded under s 101(2) of the Evidence Act 2011 (ACT), the prejudicial effect to be weighed is confined to the effect on the defendant in the proceeding in which the evidence is tendered; prejudice to the defendant in other pending proceedings is not a relevant consideration. However, 'prejudicial effect' under s 101(2) is not limited to the risk of jury misuse and may extend to procedural disadvantage within the trial itself, though the full scope of this wider criterion remains to be delineated.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.