Discreditable conduct evidence in multi-complainant sexual offence trials in South Australia may be admitted on the basis of a highly specific propensity — not merely general propensity — where the combination of features such as familial relationship, similar ages, brazen offending, use of pretexts, and similar modus operandi raises the improbability of independent fabrication. Where evidence is cross-admissible under s 34P of the Evidence Act 1929 (SA), the trial judge has no discretion to sever counts under s 278(2a) of the Criminal Law Consolidation Act 1935 (SA). The prosecution is not limited to leading only the facts admitted in earlier guilty plea proceedings when calling a witness whose evidence is cross-admissible.
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