Criminal law – Practice and procedure - Sexual offences - Multiple counts - One count of maintaining relationship with child under 16 pursuant to s 47A Crimes Act 1958 (Vic) - Whether propensity warning required when presentment involves multiple counts of sexual offences and relationship count pursuant to s 47A - Whether propensity warning required in respect of individual acts that form basis of a charge under s 47A - Use of "separate consideration" warning - Operation of proviso.
Criminal law – Sexual offences - s 47A Crimes Act 1958 (Vic) - Whether legislature can modify the need for particulars of criminal charges - Whether evidence of uncharged sexual acts admissible to prove the nature of the relationship between the accused and the complainant.
Evidence – Propensity evidence - "No rational view" test - Application to relationship evidence.
Crimes Act 1958 (Vic) – s 47A.
Judgment date
Case number
M11/2000
Before
McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords