Tendency evidence about an accused's state of mind (recklessness as to consent) is admissible under ss 97 and 101 of the Evidence Act 1995 (NSW) where the evidence is highly probative and clear directions can ameliorate the risk of misuse. The relationship between a person who represents themselves as a professional artist and young women who agree to pose nude or partially nude constitutes a relationship of trust, breach of which is an aggravating factor under s 21A(2)(k). Prior good character may be given less weight where the offender used an aspect of that good character to facilitate the offending.
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