Evidence of uncharged sexual acts may be admissible either as similar fact/propensity evidence (requiring satisfaction of the Pfennig test) or as relationship evidence to provide context for the complainant's account (not requiring the Pfennig test), but the two bases are distinct and require different jury directions. A delay of approximately 1.5 to 3 years between offences and complaint does not necessarily require a Longman direction, though the question remains fact-dependent. A trial judge's direction suggesting children as a class are unreliable witnesses contravenes s 632(3) of the Criminal Code (Qld). Where defence counsel makes a forensic decision not to object to evidence at trial, the Court of Appeal will be reluctant to entertain a complaint about the admission of that evidence on appeal.
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