On an appeal against conviction in Victoria, appellate review of a trial judge's decision under s 137 of the Evidence Act 2008 (Vic) is not governed by House v The King principles; the appeal court decides for itself whether the probative value of the evidence was outweighed by the danger of unfair prejudice. This contrasts with interlocutory appeals, where House v The King principles continue to apply. In applying the totality principle where offences are committed while on parole, the court has regard to the additional parole sentence to be served, not the entirety of the original sentence.
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