Australian Capital Territory Current Acts

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EVIDENCE ACT 2011 - SECT 101

Further restrictions on tendency evidence and coincidence evidence presented by prosecution

    (1)     This section applies only in a criminal proceeding and applies in addition to section 97 (The tendency rule) and section 98 (The coincidence rule).

    (2)     Tendency evidence about a defendant, or coincidence evidence about a defendant, that is presented by the prosecution cannot be used against the defendant unless the probative value of the evidence outweighs the danger of unfair prejudice to the defendant.

    (3)     This section does not apply to tendency evidence that the prosecution presents to explain or contradict tendency evidence presented by the defendant.

    (4)     This section does not apply to coincidence evidence that the prosecution presents to explain or contradict coincidence evidence presented by the defendant.



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