The Supreme Court of the Northern Territory ruled that evidence of a subsequent assault committed by the accused against the same complainant approximately 11 months after the charged offences was admissible as tendency evidence. The Court held that evidence of conduct occurring after the charged acts is logically capable of establishing that the accused had a relevant tendency at the earlier time, following RH v R [2014] NSWCCA 71 and TB v The Queen [2019] NSWCCA 224. The probative value of the subsequent incident was found to outweigh its prejudicial effect, given the similarities in conduct (physical violence against the same intimate partner precipitated by jealousy and coercion), temporal proximity, and its relevance to rebutting the anticipated defence of self-defence.
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