A trial judge's decision to admit or reject tendency evidence under s 97(1) of the Evidence Act 1995 is an evaluative and predictive exercise reviewable on appeal only on House v The King principles, assessed by reference to the material before the trial judge at the time of the ruling. The 'tendency' that may be established under s 97 is not confined to a tendency to commit the specific sexual act charged but may encompass a broader pattern of behaviour including grooming conduct. Pre-Evidence Act similar fact authorities (such as Hoch v The Queen) may guide the evaluation of significant probative value under s 97.
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