Tendency evidence in multi-complainant sexual offence cases must be assessed individually against each basis of admissibility, not globally. Workplace-specific sexual conduct (such as touching breasts or vaginal areas of co-workers at the workplace) may be sufficiently remarkable and unusual to constitute significantly probative tendency evidence, but similar conduct in social settings away from work is commonplace in sexual offending and lacks the distinctiveness required for significant probative value. Where tendency evidence is only partially admissible across counts, the complexity of jury directions may create an unacceptable risk of prejudice warranting severance of the indictment. The standard of appellate review for s 136 limitation orders was left open.
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