Evidence of pornographic material on an accused's electronic devices depicting conduct similar to the alleged offending is admissible under s 34P of the Evidence Act 1929 (SA) for the purpose of demonstrating the improbability that a complainant fabricated her account, where the complainant was ignorant of the material's existence. This 'improbability of fabrication' use does not require a finding that the accused had a propensity to act out the depicted conduct, and is fundamentally different from general disposition reasoning. There is a difference of opinion within the court as to whether such use engages s 34P(2)(a) alone ([name withheld]) or also s 34P(2)(b) ([name withheld], [name withheld] agreeing), though the evidence was held admissible on either basis.
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