The correctness standard of review applies to appeals against tendency evidence rulings under ss 97 and 101 of the Evidence Act 2011 (ACT), and the enactment of s 97A did not change this standard. The assessment of the probative value of tendency evidence can only be made by reference to the tendency particularised in the tendency notice before the Court; reformulation of a tendency by the court or prosecution at trial, absent formal amendment of the tendency notice, should not be condoned. The age of the accused at the time of alleged offending, while not listed in s 97A(5), is a relevant consideration that may heighten the importance of s 97A(5) factors and requires careful scrutiny of alleged tendencies in young persons.
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