Tendency evidence from a single witness other than the complainant is capable of achieving significant probative value under s 97(1) of the Evidence Act 1995 (NSW), provided there are sufficient common features between the tendency evidence and the charged conduct. The Bauer common features requirement applies to tendency evidence from non-complainant witnesses, not only to multi-complainant cases. An acquittal on one count and conviction on another arising from the same alleged episode is not necessarily inconsistent where the tendency evidence was directed only to the count of conviction and the manner in which the complainant's allegation on the acquitted count emerged was a source of doubt.
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