Victorian Consolidated Legislation

Evidence Act 2008 - SECT 98

The coincidence rule

98. The coincidence rule



(1) Evidence that 2 or more events occurred 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 occurred, or any similarities in both the events and the
circumstances in which they occurred, it is improbable that the events
occurred coincidentally 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.

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

(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 coincidence evidence
        adduced by another party.

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