Where evidence of uncharged sexual acts is admitted solely for relationship or context purposes and the Crown does not rely on it to establish sexual interest or tendency, no separate direction on the beyond reasonable doubt standard is required. Even where the Sadler requirement applies, a charge that includes directions on inferential reasoning requiring base facts to be proved beyond reasonable doubt, combined with anti-substitution and propensity warnings, may satisfy the requirement. Whether the Sadler requirement survives the Evidence Act 2008 (Vic) remains an open question.
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