Where a trial judge's directions on the use and non-use of uncharged sexual misconduct evidence, read as a whole, effectively remove tendency reasoning from the jury's consideration and confine the evidence to context/relationship use, any erroneous ruling admitting the evidence as tendency evidence does not occasion a substantial miscarriage of justice. The question of whether evidence used solely to support a complainant's credibility constitutes tendency evidence under s 97 of the Evidence Act 2008 (Vic) remains unresolved. The implications of IMM v The Queen for single complainant tendency evidence in Victoria were expressly left open.
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