Evidence that an accused took objectively anodyne photographs of a complainant, even when combined with admissions linking the photographs to a sexual addiction, does not have significant probative value under s 97 of the Evidence Act 2008 (Vic) to prove a tendency to commit sexual assault where the tendency shown is confined to voyeuristic conduct (taking and viewing images) and does not extend to a willingness to engage in physical sexual offending. The loss of original photographs through no fault of the accused is a significant factor weighing against admissibility under s 101.
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