A tendency described in general terms — such as a tendency to sexually assault females in secluded locations — lacks the specificity or peculiarity required for significant probative value under s 97 of the Evidence Act. Adding general attributes to a tendency description does not increase its probative value if those attributes are individually unremarkable. Trial judges admitting tendency evidence must give reasons that address the real prejudice of the evidence and assess its probative value beyond the s 97 threshold in order to perform the weighing exercise under s 101(2).
The full text is available to signed-in members, including the 20 later cases that cite this judgment.
5 of the 20 citing cases carry a classified treatment. How each court treated it is available to signed-in members.