New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 161A

161A Direction not to be given regarding tendency or coincidence evidence

(1) A jury must not be directed that evidence needs to be proved beyond reasonable doubt to the extent that it is adduced as tendency evidence or coincidence evidence.

(2) If evidence is adduced as both tendency evidence or coincidence evidence and as proof of an element or essential fact of a charge before the jury, the jury may be directed that the evidence needs to be proved beyond reasonable doubt, but only to the extent that it is adduced as proof of the element or essential fact.

(3) Subsection (1) does not apply if a court is satisfied--

(a) there is a significant possibility that a jury will rely on an act or omission as being essential to its reasoning in reaching a finding of guilt, and

(b) evidence of the act or omission has been adduced as tendency evidence or coincidence evidence.