When assessing the admissibility of tendency or coincidence evidence under ss 97-98 of the Evidence Act 1995, the significant probative value must be identified by reference to a specific fact in issue — a broadly stated basis for probative value is insufficient. Evidence of similar sexual conduct towards another person shortly before the charged offences, involving the same modus operandi (entering the bed of a sleeping woman who had rebuffed advances), has significant probative value on the accused's state of mind regarding consent. However, if the similar conduct only supports a conclusion of indecent assault rather than the charged offence, it may not reach the threshold of significant probative value.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
1 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.