The possibility of concoction between complainants is relevant to the assessment of probative value of coincidence evidence under ss 97 and 98 of the Evidence Act 2008 (Vic), and is properly viewed as an exception to the general rule that probative value is assessed assuming the evidence will be accepted. The concoction inquiry is a fact-finding exercise concerning relationship, opportunity and motive, not an assessment of individual witness credibility. The mere fact that complainants are related and in contact does not establish a real possibility of concoction; the court must examine the evidence of each complainant and the circumstances of their contact.
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