Section 94 — Evidence Act 1995 (NSW)

(1) This Part does not apply to evidence that relates only to the credibility of a witness.
(2) This Part does not apply so far as a proceeding relates to bail or sentencing.
(3) This Part does not apply to evidence of—
(a) the character, reputation or conduct of a person, or
(b) a tendency that a person has or had,
if that character, reputation, conduct or tendency is a fact in issue.
(4) To avoid doubt, any principle or rule of the common law or equity that prevents or restricts the admissibility of evidence about propensity or similar fact evidence in a proceeding is not relevant when applying this Part to tendency evidence or coincidence evidence about a defendant.
(5) In determining the probative value of tendency evidence or coincidence evidence for the purposes of section 97(1)(b), 97A(4), 98(1)(b) or 101(2), it is not open to the court to have regard to the possibility that the evidence may be the result of collusion, concoction or contamination.

Related sections

• s 91 — Exclusion of evidence of judgments and convictions
• s 92 — Exceptions
• s 93 — Savings
• s 95 — Use of evidence for other purposes
• s 96 — Failure to act
• s 97 — The tendency rule

Research how courts apply s 94

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