Tendency evidence in sexual offence cases involving a masseur touching clients' breasts and intimate areas is admissible to prove the occurrence of the acts and the accused's sexual interest, without engaging the Phillips v The Queen restriction on using tendency evidence to prove lack of consent, provided the acts are inherently capable of bearing a sexual connotation. The appropriate level of analysis for tendency evidence is the common features linking the alleged offences, not a microscopic examination of each interaction.
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