When assessing the cross-admissibility of propensity evidence between joined counts under s.398A of the Crimes Act 1958 (Vic.), the 'hallmark features' or similarities relied upon must not assume the accused's guilt of the offences charged. Once that assumption is removed, the remaining objective similarities must be sufficiently striking to justify admission despite prejudicial effect. Where counts are joined but full cross-admissibility is not established, directions must confine the jury's use of evidence to the specific limited purpose for which it is admissible.
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