Tendency evidence of physical assaults on young children may have significant probative value even where the specific acts differ (stepping on stomach, smacking buttocks, burning with lighter), provided they are all examples of the same general tendency to physically assault young children. Where evidence of uncharged acts has been led without objection, the prejudicial effect of permitting that evidence to also be used as tendency evidence is reduced, because the prejudice arises only from the jury being able to use the evidence across counts rather than from its admission.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.