ES v R (No.1) [2010] NSWCCA 197 (6 September 2010)

http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2010/197.html

CRIMINAL LAW – Appeal against conviction – Sexual assault of a child – Evidence of uncharged acts admitted over objection – Requirements for admission as tendency evidence not satisfied – Whether evidence admissible as context evidence – Whether probative value outweighed by danger of unfair prejudice – Whether proviso should be applied.

Evidence Act 1995 ss 97, 101, 110