R v Johnston

The court heard an application by the Crown to introduce certain evidence in the case of R v Johnston. The defendant, Johnston, was facing criminal charges, and the Crown sought to adduce tendency and coincidence evidence to support its case. The application was heard in the ACT Supreme Court.

The legal issues before the court were whether the evidence proposed by the Crown was admissible under the provisions of the Evidence Act 2011 (ACT). Specifically, the court had to determine whether the tendency evidence had significant probative value and whether the proposed coincidence evidence fell within the definition of coincidence evidence as per section 98 of the Act.

The court examined the proposed evidence and determined that the tendency evidence was of significant probative value and therefore conditionally allowed its admission. However, the court found that the evidence sought to be adduced as coincidence evidence did not fit the definition provided in section 98 of the Evidence Act 2011 (ACT). Consequently, the Crown's application to introduce this evidence was refused.

The court's final orders were that the Crown's application to adduce tendency evidence was conditionally allowed, while the application to introduce coincidence evidence was refused.