Aleski (a pseudonym v The Queen)

The categories of context or relationship evidence commonly identified in sexual offence cases (essential background, explaining failure to complain, countering 'out of the blue' impression) are illustrative only and not exhaustive. Evidence of uncharged conduct that establishes a physical connection or developing rapport between accused and complainant may be admissible as context evidence even where it lacks the sexual character necessary for tendency evidence. The fact that uncharged act evidence is corroborated by an independent witness does not bear on its admissibility or the s 137 assessment, as probative value is assessed on the assumption the evidence is accepted.