Evidence of uncharged sexual acts occurring on the same night as charged offences, demonstrating a sexual interest in the complainant, is admissible as circumstantial evidence and does not require a propensity direction or an anti-propensity direction where there is no perceptible risk of the jury engaging in propensity reasoning. The weight of such evidence is a matter for the jury and the trial judge is not required to direct on weight. Hill v The State of Western Australia [2019] WASCA 209 is confined to cases where uncharged acts on other unrelated occasions are relied on as context evidence.
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