Evidence of the accused's purpose in performing an act alleged to be indecent under s 61 of the Crimes Act 1900 (ACT) is admissible and relevant to the tribunal of fact's determination of indecency, regardless of whether the act is characterised as unequivocally sexual or merely capable of having a sexual connotation. The distinction between these categories is relevant only to what the Crown must prove before the matter goes to the jury, not to the admissibility of evidence of purpose. However, a claim that an act was performed 'as a joke' does not automatically negate indecency.
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