Davey v Tasmania

In *Davey v Tasmania*, the Supreme Court of Tasmania considered the admissibility of evidence concerning the appellant's alleged prior violent conduct towards his partner, in the context of charges of attempted murder of that same partner. The central dispute revolved around whether this prior conduct constituted admissible tendency or coincidence evidence under the *Evidence Act 2001* (Tas).

The primary legal issue before the Court was whether the evidence of the appellant's alleged prior acts of violence against his partner was admissible to prove that the appellant had a tendency to act in a violent manner towards her, and that this tendency was relevant to proving the commission of the offence of attempted murder. The Court had to determine if the probative value of this evidence outweighed any potential prejudice to the appellant.

The Court reasoned that for tendency evidence to be admissible under section 97 of the *Evidence Act 2001*, the court must be satisfied that the evidence has a tendency to make the existence of any fact that is of consequence to the determination of the case more or less probable than it would be without the evidence. Furthermore, the court must be satisfied that the probative value of the evidence is not outweighed by the danger of unfair prejudice to the defendant. In this instance, the Court found that the prior acts of violence, being similar in nature and directed at the same victim, possessed a sufficient degree of relevance and probative value to be admitted, subject to the balancing exercise required by section 97(1)(b). The Court ultimately held that the evidence was admissible.