R v KBP

The Court of Appeal held that evidence of sexual offending against two step-daughters was properly cross-admissible as propensity evidence under the [name withheld] test, where the distinctive propensity was the appellant's exploitation of his position as step-parent to pursue sexual interests in each child, commencing at a similar age with similar grooming and escalation patterns. The Court further held that convictions on counts involving deliberate physical touching were not inconsistent with acquittals on counts involving alleged deliberate exposure of genitalia, as the jury could rationally have given the appellant the benefit of the doubt on the deliberateness of the exposures while being satisfied of guilt on the touching counts.