In sexual offence cases involving multiple complainants, evidence of an accused's tendency to take a sexual interest in children under 16 and to act upon that interest is logically probative of the accused's belief that each complainant was under 16, including where one complainant is an undercover operative. The involvement of an undercover operative does not, without more, diminish the probative value of the tendency evidence or render it unfairly prejudicial. Applications to review refusals to certify interlocutory evidentiary rulings continue to be governed by House v The King principles and face a greater hurdle than applications for leave to appeal where certification has been granted.
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