Tendency evidence of prior domestic violence against the same complainant, involving similar patterns of controlling, threatening and physically violent behaviour using weapons, will satisfy the admissibility threshold under ss 97 and 101(2) of the Evidence Act 2008 (Vic) where the live issue is whether the charged conduct occurred. Extensive prior criminal history of domestic violence justifies stern sentences emphasising specific deterrence, general deterrence and community protection, and a total effective sentence of 10 years for aggravated burglary and associated family violence offences is within range for a recidivist offender with negligible rehabilitation prospects.
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