Victorian Consolidated Legislation

Evidence Act 2008 - SECT 101

Further restrictions on tendency evidence and coincidence evidence adduced by prosecution

101. Further restrictions on tendency evidence and coincidence evidence
adduced by prosecution



(1) This section only applies in a criminal proceeding and so applies in
addition to sections 97 and 98.

(2) Tendency evidence about an accused, or coincidence evidence about an
accused, that is adduced by the prosecution cannot be used against the accused
unless the probative value of the evidence substantially outweighs any
prejudicial effect it may have on the accused.

(3) This section does not apply to tendency evidence that the prosecution
adduces to explain or contradict tendency evidence adduced by the accused.

(4) This section does not apply to coincidence evidence that the prosecution
adduces to explain or contradict coincidence evidence adduced by the accused.

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PART 3.7-CREDIBILITY

Division 1-Credibility evidence