Evidence of uncharged sexual acts committed by an accused against the same complainant has powerful probative effect and is in a different category to generalised evidence of sexual attraction to several persons, meaning the significant probative value threshold under s 97(1)(b) of the Evidence Act 2008 (Vic) will often be satisfied for same-complainant uncharged acts. The only prejudice occasioned by such evidence — that it renders conviction more likely — is not unfair prejudice within the meaning of s 101. Recording a telephone conversation using an earpiece and microphone separate from the handset does not constitute interception of a communication passing over a telecommunications system under s 7 of the Telecommunications (Interception and Access) Act 1979 (Cth).
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