Evidence based on the 'tone' or 'lightness' of a document, as opposed to its contents, does not satisfy the relevance threshold under s 55 of the Evidence Act 2008 (Vic) where it would require the jury to speculate about how a complainant might be expected to express herself. Whether a prudential beyond reasonable doubt direction is required for specific uncharged acts led as context evidence remains a matter for the trial judge's discretion in the context and atmosphere of the trial, and such a direction is not required where the judge has given careful directions confining the evidence to context and prohibiting propensity reasoning.
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