Where multiple sexual offence charges are joined in a single indictment, each count must independently satisfy the Pfennig test of similar fact evidence admissibility against every other count. Conduct that is qualitatively different — such as open horseplay versus covert sexual touching of sleeping victims — will not satisfy the test even where the same offender and similar complainant profile are involved. However, wrongful joinder of a relatively trivial count will not necessarily vitiate convictions on properly joined counts where the wrongly admitted evidence should have had no real significance in the jury's determination.
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