Under the amended s 585(7) of the Criminal Code (WA), charges of sexual offences joined in one indictment are presumed triable together, and the accused bears the onus of rebutting that presumption. Where the trial judge forms a preliminary opinion that propensity evidence under s 31A of the Evidence Act 1906 (WA) is likely admissible across complainants, the presumption is not rebutted and separate trials will not be ordered. The definition of 'propensity evidence' in s 31A(1) extends beyond similar fact evidence to include 'other evidence of the conduct of the accused person'.
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