The reasoning in The Queen v Bauer (a pseudonym) that uncharged acts need not be proved beyond reasonable doubt before use as tendency evidence applies equally to cross-admissible charged acts. Section 161A of the Criminal Procedure Act 1986 (NSW) applies to all classes of tendency evidence, including cross-admissible charged acts. Where complaint evidence is led without objection and both parties accept it goes to credibility, there is an implied grant of leave under s 108(3) of the Evidence Act 1995 (NSW).
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