Evidence of uncharged sexual conduct by an accused towards a complainant is admissible as relationship evidence if it has relevance beyond mere propensity, including explaining the complainant's passivity, lack of complaint, or acquiescence. Generally, no beyond-reasonable-doubt direction is required for such evidence; it suffices to direct the jury that they must find the evidence reliable and believe it to be true before having regard to it. A beyond-reasonable-doubt direction is required only where the uncharged conduct evidence provides links in a chain of proof of guilt within the meaning of Shepherd v The Queen.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
5 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.