Tendency evidence under s 97 of the Evidence Act 1995 does not require striking similarities, closely similar behaviour, or a pattern/modus operandi between the alleged acts. The focus is on whether the evidence makes more likely, to a significant extent, the facts making up the elements of the offence charged. It is an error to assess tendency evidence by reference to the principles applicable to coincidence evidence under s 98. In sexual offence cases involving multiple complainants, evidence of a tendency to have a sexual interest in a class of persons and to act upon that interest in circumstances of vulnerability may have significant probative value notwithstanding differences in the specific sexual acts alleged.
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