A tendency formulated as a willingness to engage in verbal and physical violence 'as a means of control' towards intimate partners during relationship breakdowns is sufficiently specific to satisfy the significant probative value requirement under s 97 of the Evidence Act 2008 (Vic), and is distinguishable from the overly broad tendency rejected in Henderson. Such a tendency can be significantly probative of rape charges where the key issue is consent and whether threats were made to compel compliance. The decision in Henderson turns on its own facts and does not establish a principle barring tendency evidence in domestic violence contexts.
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