The 'substantially weaken' threshold in s 295(3) of the Criminal Procedure Act 2009 (Vic) means something not very far short of elimination of the prosecution case, and the Court of Appeal will be slow to disturb a trial judge's refusal to certify. Where a prosecution case retains the complainant's evidence, complaint evidence, and single complainant tendency evidence, the exclusion of additional tendency evidence from another witness will not meet the certification threshold.
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