Features common to almost any allegation of sexual offending against young girls (such as the young age of complainants or touching of the genital area) are insufficient to establish the 'significant probative value' required for admissibility of coincidence or tendency evidence under ss 97(1)(b) and 98(1)(b) of the Evidence Act 2008 (Vic). Tendency and coincidence notices must identify the 'particular act' or tendency with sufficient specificity, not merely find a general description covering all alleged conduct. Where partial severance removes some of the identified similarities, the cross-admissibility of remaining evidence must be reassessed.
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