House v The King principles govern interlocutory appeals against rulings on the admissibility of tendency evidence under ss 97 and 101 of the Evidence Act 2008 (Vic). Where a trial judge has identified and addressed both similarities and dissimilarities in alleged offending across multiple complainants, a complaint that the judge gave insufficient weight to dissimilarities is unlikely to establish House v The King error. Dissimilarities in the nature, duration and location of offending against one complainant may legitimately be characterised as extensions of similar activities rather than distinctive activities.
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