Where propensity evidence of multiple complainants is admitted under s.398A of the Crimes Act 1958 (Vic.), the trial judge is not required to direct the jury on the criteria of admissibility (such as 'underlying unity' or 'striking similarity'). The judge must direct the jury on the permissible use of the evidence (as mutually supportive of the complainants' credibility, subject to exclusion of collusion beyond reasonable doubt) and the impermissible use (propensity reasoning that the accused is the kind of person likely to have committed the offences). The 1997 amendments to s.372 create a presumption that sexual offence counts are triable together, but cross-admissibility remains a powerful factor in the severance discretion.
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