Where multiple complainants in sexual offence cases describe a common pattern of circumstances surrounding the offending — such as introduction by the same person, access to the same location by similar means, and provision of distinctive items — this may constitute sufficient underlying unity or pattern to satisfy the similar fact evidence test on the issue of identification, even where the sexual acts themselves are not unusual. Adequate corrective directions by the trial judge can cure erroneous submissions by the Crown Prosecutor regarding the permissible use of similar fact evidence.
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