In Victoria, a trial judge is not required as a matter of law to leave alternative verdicts to the jury in cases other than murder; whether to do so depends on all the circumstances including the way the case was conducted by the parties. Where the defence case is a complete denial of sexual contact, the failure to leave attempted penetration as an alternative to incest is not an error. Evidence of uncharged sexual acts against family members is admissible both as relationship evidence and as cross-admissible similar fact evidence, provided adequate propensity warnings and separate consideration directions are given. A trial judge retains a discretion whether to give a good character direction and is not obliged to do so where the evidence is of limited probative significance.
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