Appellate review of a trial judge's decision to admit or reject tendency evidence under s 97 of the Evidence Act 1995 is governed by House v The King principles, not Warren v Coombes. The appellant must establish error of principle, extraneous considerations, mistake of fact, failure to consider material matters, or unreasonableness — it is insufficient that the appellate court might have taken a different course. There is no separate 'decision' under s 101; the s 101 assessment is an additional consideration within the s 97 decision, also reviewable only on House v The King principles. Evidence of more serious sexual conduct may support allegations of less serious conduct and vice versa.
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