The 1978 convictions for indecent dealing had significant probative value as propensity evidence in relation to all charged counts, notwithstanding differences in the specific circumstances of the offending, where the common features were that all victims were pre-adolescent daughters of the appellant's friends and the family connection provided the occasion and opportunity for offending, and the evidence supported a consistent pattern of offending over approximately 15 years. McPhillamy v The Queen is distinguishable where there is no gap in offending but rather a sustained pattern. A sentencing judge's finding as to the reason an offender ceased offending, if treated as an aggravating factor, must be proved beyond reasonable doubt.
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