Evidence of physical violence and harshness by an accused towards complainants in sexual offence trials is admissible as relationship/context evidence where it explains the nature of the family relationship and the lack of complaint, provided the jury is directed to use it only for that purpose. The Pfennig test for propensity evidence does not apply to such evidence. Following Roach v The Queen, there is a question whether a beyond reasonable doubt direction is necessary for such evidence when it is not admitted as propensity evidence — the court suggested such a direction may be too favourable to the accused but did not decide the point.
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