McNaughton J admitted two categories of evidence at a pre-trial hearing in a murder case: (1) post-offence conduct showing the accused and co-accused socialising, the accused's verbal aggression toward security staff, and an assault on a homeless man, characterised as direct evidence of the accused's state of mind proximate to the offence rather than tendency evidence under Elomar; and (2) evidence of a prior interaction between the accused and the deceased approximately one month before the killing, providing context for the otherwise unexplained attack. In each case, the Court held the probative value was high and not outweighed by the danger of unfair prejudice under s 137 of the Evidence Act 1995 (NSW).
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