Where evidence on multiple counts in an indictment is cross-admissible as propensity evidence under s 31A of the Evidence Act 1906 (WA), there is no relevant impermissible prejudice from a joint trial because separate juries would hear the same evidence, and severance under s 133(3)(a) of the Criminal Procedure Act 2004 (WA) is not required. The question of whether propensity evidence has significant probative value can only have one correct answer, and an appellate court must determine this for itself rather than merely assessing whether it was open to the primary judge to reach their conclusion. A State appeal under s 26(1)(a) of the Criminal Appeals Act 2004 (WA) against a severance order is competent even where the ground challenges the primary judge's assessment of evidence admissibility under s 31A, because cross-admissibility is of central importance to the severance determination.
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