Otherwise admissible propensity evidence does not lose its admissibility merely because it is the subject of a charge being tried together with other charges in the same indictment. When directing a jury on the use of such evidence, the relevant matter is the occurrence of events found proved to the requisite standard, not the finding of guilt. Section 31A of the Evidence Act 1906 (WA) encompasses evidence of conduct constituting an offence charged in the same indictment.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.