Coincidence evidence under s 98(1) of the Evidence Act 2008 (Vic) does not involve circular reasoning merely because the jury's assessment of one event necessarily affects its assessment of another, provided each similarity relied upon is capable of independent proof; however, even where coincidence evidence has significant probative value, the s 101(2) balancing exercise may require exclusion where the risk of reasoning and emotional prejudice from evidence of extreme gravity on some charges would overwhelm objective consideration of weaker charges.
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