Section 101 — Evidence Act 1995 (NSW)

(1) This section only applies in a criminal proceeding and so applies in addition to sections 97 and 98.
(2) Tendency evidence about a defendant, or coincidence evidence about a defendant, that is adduced by the prosecution cannot be used against the defendant unless the probative value of the evidence outweighs the danger of unfair prejudice to the defendant.
(3) This section does not apply to tendency evidence that the prosecution adduces to explain or contradict tendency evidence adduced by the defendant.
(4) This section does not apply to coincidence evidence that the prosecution adduces to explain or contradict coincidence evidence adduced by the defendant.

Related sections

• s 98 — The coincidence rule
• s 99 — Requirements for notices
• s 100 — Court may dispense with notice requirements
• s 101A — Credibility evidence
• s 102 — The credibility rule
• s 103 — Exception: cross-examination as to credibility

Research how courts apply s 101

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.