Evidence of possession of child pornography, where it establishes only a general and non-exclusive sexual interest in young females, lacks significant probative value as tendency evidence in sexual offence trials and should be excluded under s97(1)(b) or s101(2) of the Evidence Act 2001. However, such evidence may be admissible in descriptive form for the limited purpose of rebutting an accused's out-of-court statements expressing abhorrence at sexual activity with minors, subject to s137 balancing and the condition that the jury receives evidence of the full context of the accused's pornographic material. Evidence of other persons who observed the complainant in similar circumstances and formed beliefs about her age is admissible in principle where the accused raises a mistake-of-age defence, but requires leave under s194M where it discloses the complainant's sexual experience, and the dividing line for 'substantial relevance' turns on whether the witness had a similar opportunity to observe and form impressions as the accused.
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