Evidence of prior family violence between an accused and the victim's parent is admissible as context evidence in a child injury prosecution where it assists the jury to evaluate other evidence bearing on the fact in issue, and is admissible to rebut the accused's self-portrayal as a peaceable, protective parent, without constituting tendency evidence. The distinction between negating a tendency and establishing a tendency, while subtle, is maintained where the evidence is confined to the extent required for negating the accused's exculpatory claims.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.