Facebook Messenger screenshots are admissible as copies of documents under s 48 of the Evidence Act 2008 (Vic) where a witness can identify them as reproductions of conversations, and the presumptions in ss 71 and 161 apply to electronic communications. Sexually explicit social media messages between an accused and a complainant are admissible both as direct evidence of grooming and as tendency evidence of sexual interest and willingness to act on it, following Bauer and McPhillamy. The incompleteness of message records does not of itself constitute unfair prejudice under s 137.
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