Tendency evidence in multiple complainant sexual offence cases does not require 'striking' similarity or peculiarity in common features; a sufficient link between the distinct events is enough, and the fact that common features overlap with elements of the offence charged does not necessarily deprive the evidence of probative value. The transitional provision in Sch 2 Pt 6 cl 28 of the Evidence Act 1995 (NSW) should be construed so that the hearing of proceedings on indictment begins at the first arraignment, meaning the pre-amendment version of s 101 applies where the accused was first arraigned before 1 July 2020. There is unresolved inconsistency in NSWCCA authority on whether a second limb challenge to evidence admission should be assessed by reference to the voir dire evidence or the trial evidence, and appellants should identify any material differences between the two.
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