Victorian Consolidated Legislation

Evidence Act 2008 - SECT 97

The tendency rule

97. The tendency rule



(1) Evidence of the character, reputation or conduct of a person, or a
tendency that a person has or had, is not admissible to prove that a person
has or had a tendency (whether because of the person's character or otherwise)
to act in a particular way, or to have a particular state of mind unless-

   (a)  the party seeking to adduce the evidence gave reasonable notice in
        writing to each other party of the party's intention to adduce the
        evidence; and

   (b)  the court thinks that the evidence will, either by itself or having
        regard to other evidence adduced or to be adduced by the party seeking
        to adduce the evidence, have significant probative value.

(2) Subsection (1)(a) does not apply if-

   (a)  the evidence is adduced in accordance with any directions made by the
        court under section 100; or

   (b)  the evidence is adduced to explain or contradict tendency evidence
        adduced by another party.

Note The tendency rule is subject to specific exceptions concerning character
of and expert opinion about an accused (sections 110 and 111). Other
provisions of this Act, or of other laws, may operate as further exceptions.