In cases of sexual offending against multiple children within the same family, the scope of relevant similarities for coincidence evidence extends beyond the particular sex acts to the context and circumstances of the offending, including the familial relationship, opportunity, domination and the youth of the complainants. The Court signalled (without deciding) that intra-familial sexual offending may itself be sufficiently unusual to have significant probative value as tendency evidence. Trial judges may give directions on elements of offences prior to counsel's final addresses without occasioning a miscarriage of justice.
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