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R v Clarke [2023] NSWCCA 123

Facts: Defendant (D) was charged with 13 counts of child sexual offences against 3 child complainants (Cs). However, offences against one C (LB) were far more serious (sexual intercourse) compared to other Cs (KB and BB) (sexual touching). The prosecution (Pr) wanted to adduce evidence of a tendency of D to have a sexual interest in children 6-15yrs and to act on it by seeking to sexually touch/assault with them opportunistically when he had access through his close personal friendship w/ children’s parents.

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