Generalised evidence of multiple occasions of sexual offending cannot supply proof beyond reasonable doubt of a specific occasion for the purposes of s 47A of the Crimes Act 1958 (Vic). The prosecution must identify and prove the circumstances of each of the three qualifying occasions with some degree of specificity as to date, time, place, circumstances or occasion. A unanimity direction is required whenever there is scope for uncertainty about which acts and occasions may found a juror's conclusion. Propensity directions must address all categories of prejudicial uncharged acts, not merely the most prominent.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.