EVIDENCE ACT 2008 - SECT 101 Further restrictions on tendency evidence and coincidence evidence adduced by prosecution
EVIDENCE ACT 2008 - SECT 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.
S. 101(2) amended by No. 68/2009 s. 97(Sch. item 55.21).
(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.
S. 101(3) amended by No. 68/2009 s. 97(Sch. item 55.21(b)).
(3) This section does not apply to tendency evidence that the prosecution adduces to explain or contradict tendency evidence adduced by the accused.
S. 101(4) amended by No. 68/2009 s. 97(Sch. item 55.21(b)).
(4) This section does not apply to coincidence evidence that the prosecution adduces to explain or contradict coincidence evidence adduced by the accused.
Part 3.7—Credibility
Division 1—Credibility evidence