In multi-count child sexual offence trials, tendency evidence describing a sexual attraction to children can have significant probative value going beyond mere propensity, particularly where the evidence addresses the improbability of the alleged conduct in isolation. Similarity of conduct is not required for tendency evidence to be admissible where identity is not in issue. Mixed verdicts (guilty on some counts, not guilty on others involving the same complainant) are not necessarily inconsistent, as a not guilty verdict may reflect caution rather than disbelief. Leave is required to raise on appeal tendency evidence arguments not raised at trial, and the appellant must demonstrate a miscarriage of justice.
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