When assessing whether tendency evidence in child sexual assault cases has significant probative value under s 97(1)(b) of the Evidence Act 1995, the court must consider the overall pattern of behaviour and surrounding circumstances, not merely the detail of the specific sexual acts. The fact that the accused went further with one complainant than with the tendency witness does not defeat admissibility where the broader pattern — including the setting, the method of access, the type of initial conduct, and the surrounding circumstances — is substantially similar.
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