Similarities between allegations of sexual offences against children that are merely unremarkable circumstances common to such offences (such as the age of the complainants, the familial relationship, and the domestic setting) are insufficient to establish the significant probative value required for admission of tendency or coincidence evidence under the Evidence Act 1995 (NSW). The possibility of joint concoction between complainants who are related and in contact at the time of complaint remains relevant to the assessment of probative value under the statutory provisions, even though the Pfennig 'no other rational view' test does not apply. Where a conviction cannot be maintained because it is inconsistent with acquittals on other counts, the appropriate order is acquittal rather than a new trial.
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