In sexual offence cases involving multiple complainants who were friends of the accused's child and stayed overnight at the accused's home, the pattern of opportunistic offending against young boys in that setting can constitute a sufficient modus operandi to establish tendency and coincidence evidence under ss 97 and 98 of the Evidence Act 2008 (Vic), even where the accused did not control or induce the complainants' presence. The fact that offending did not occur on every occasion a child stayed over does not negate the tendency.
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