Tendency evidence of conduct towards a different child, occurring several years after the charged offences and substantially different in nature from the charged conduct, may be admissible under ss 97 and 101(2) of the Evidence Act 1995 (NSW) where the evidence, viewed holistically, supports a tendency to have a sexual interest in young children and to act on that interest, and where common features link the tendency evidence to the charged offences. Where both identity and fact of commission are in issue, the assessment of significant probative value must address both dimensions. Similarity of conduct is not a precondition of admissibility, though it remains relevant to the assessment of probative value.
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