In child sexual assault cases, evidence of uncharged acts between the accused and the complainant can only be admitted as context evidence (without satisfying s 97 notice requirements) where its probative value in that limited character is not outweighed by the danger of unfair prejudice from its force as tendency evidence. The motive/tendency distinction is impractical in cases involving the sexual interest of an adult in a child, so uncharged acts evidence used for any purpose beyond context must satisfy s 97 and s 101.
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