Evidence of an accused's sexual conduct with siblings as a child (aged 10-16) does not have significant probative value under s 31A(2)(a) of the Evidence Act 1906 (WA) in relation to charges of sexual offending against the accused's own children as an adult, absent expert evidence establishing that childhood sibling sexual conduct is a common or significant characteristic of the antecedents of those who sexually abuse their own children as adults. The majority and dissent disagreed on whether the age gap between the childhood conduct and adult offending was material, with the dissent treating the evidence as showing a continuous propensity interrupted only by lack of opportunity.
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