Pfennig

**Facts**
The accused was charged with the murder of a 10 year old boy. The boy disappeared and was never found. The boy's bike and clothes were found at a reserve near a river. The boy was seen nearby at a another reserve on the day he disappeared. The accused was also seen at the reserve, and it was proven that the accused had spoken to the boy. The boy was a good swimmer, and there was no reason why he would have drowned, nor was there any reason why he would have been at the second reserve as he did not have his bathers. The accused was charged with murder, and it was thought that he had kidnapped the boy for sexual purposes, and then set it up to make it look like a drowning. Similar fact evidence was crucial to the prosecution case. 12 months after the disappearance of the boy, the accused had abducted and raped another boy of the same age. He had used the same van, tied the boy, had taken his bike and left it elsewhere to create a false trail. The boy managed to escape and the accused was apprehended. This evidence was tendered to support the prosecution case that the accused had kidnapped and killed the boy.

**Held (at Trial)**
The trial judge gave a careful direction that before the jury could make use of the evidence, they had to reject the possibility of an accidental drowning. The accused was subsequently convicted and appealed.