Section 98 of the Evidence Act 1995 (NSW) does not require the Crown to establish guilt on at least one count before deploying coincidence reasoning; the statutory requirement is that the evidence, either by itself or having regard to other evidence, has significant probative value. In a circumstantial case, the elimination of alternative suspects and hypotheses is a legitimate part of the Crown's case and does not constitute impermissible 'backwards reasoning' or a reversal of the onus of proof.
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