Evidence of sexual conduct by an accused proximate in time to alleged sexual offences may be admissible as evidence of a continuing state of mind (interest in and lack of inhibition from sexual activity) without engaging the tendency evidence provisions of Part 3.6 of the Evidence Act 1995, provided the inference of a continuing state of mind is rationally available. The question whether awareness by the accused that a child can observe an act of indecency is a necessary element of the offence remains unresolved.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
2 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.