Tendency evidence of internet searches for child pornography and saved images of pre-pubescent genitalia is capable of having significant probative value under s 97(1)(b) of the Evidence Act 1995 (NSW) where the defence case includes that any touching was innocent or accidental, as the evidence of sexual interest makes it more likely the touching was deliberate. The prejudicial effect of such evidence can be ameliorated by directions and by not tendering the actual pornographic material. The case also confirms that the ameliorating effect of judicial directions and the omission of the most prejudicial material from tender are relevant to the s 101(2) balancing exercise.
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