Similar fact evidence under s 398A of the Crimes Act 1958 (Vic) must bear upon proof of a fact in issue on the specific charge for which it is called in aid; evidence that merely demonstrates general criminal disposition or an exploitative attitude is not admissible even where there are common features in surrounding circumstances. Where similar fact evidence is admitted, the trial judge must give specific directions relating the evidence to the issues on each count, specifying both the permissible and impermissible uses, rather than relying on general directions using terms such as 'underlying unity', 'mutually supportive', or 'improbability of coincidence'. Trial judges should give unanimity directions in all criminal trials following the introduction of majority verdict provisions.
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