Cargnello v Director of Public Prosecutions (Cth) [2012] NSWCCA 162 (3 August 2012)

EVIDENCE – prosecution relied on tendency evidence without giving notice – whether evidence also relevant to circumstantial case in relation to another offence – whether necessary to distinguish circumstantial evidence from tendency evidence – whether direction could have assisted jury – whether leave should be granted to rely on ground not objected to at trial – Evidence Act 1995 (NSW), s 97; Criminal Appeal Rules (NSW), r 4