17.08.2010
11–1 Section 98 (1) of the uniform Evidence Acts should be amended to provide that: 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 and any similarities in the circumstances surrounding them, it is improbable that the events occurred coincidentally unless the party adducing the evidence gives reasonable notice in writing to each other party of the party’s intention to adduce the evidence; and the court thinks that the evidence, either by itself or having regard to other evidence adduced or to be adduced by the party seeking to adduce the evidence, has significant probative value.
11–2 To clarify the effect of the provision, a note should be added to s 98 of the uniform Evidence Acts stating that the events that may be considered include an event which is the subject of the proceeding.
11–3 Section 97 of the uniform Evidence Acts should be amended to replace the word ‘if’ with ‘unless’, and to replace the word ‘or’ with ‘and’ and to make any necessary consequential amendments. If Recommendation 11–1 is not taken up, a corresponding amendment should be made to s 98.