Evidence Act 2011

Evidence that 2 or more events happened is not admissible to prove that a person did a particular act or had a particular state of mind on the basis that, having regard to any similarities in the events or the circumstances in which they happened, or any similarities in both the events and the circumstances in which they happened, it is improbable that the events happened coincidentally unless—

the party seeking to present the evidence gave reasonable notice in writing to each other party of the party’s intention to present the evidence; and

the court thinks that the evidence will, either by itself or having regard to other evidence presented or to be presented by the party seeking to present the evidence, have significant probative value.

Note One of the events referred to in s (1) may be an event the happening of which is a fact in issue in the proceeding.

To remove any doubt, subsection (1) includes the use of evidence from 2 or more witnesses claiming they are victims of offences committed by a person who is a defendant in a criminal proceeding to prove, on the basis of similarities in the claimed acts or the circumstances in which they occurred, that the defendant did an act in issue in the proceeding.

Subsection (1) (a) does not apply if—

the evidence is presented in accordance with a direction made by the court under section 100 (Court may dispense with notice requirements); or

the evidence is presented to explain or contradict coincidence evidence presented by another party.

Note Other provisions of this Act, or of other laws, may operate as exceptions to the coincidence rule.