Evidence of uncharged sexual acts is admissible as tendency evidence under s 97 of the Evidence Act 2008 (Vic) even where the complainant is the sole source of that evidence. The assessment of 'significant probative value' assumes the evidence will be accepted and focuses on the contribution the evidence would make if accepted, not on the credibility of the witness. The obiter observations in Qualtieri v R and AW v R suggesting otherwise are disapproved. The question whether appellate review of tendency evidence rulings is de novo or governed by House v The King principles remains unresolved.
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