Propensity evidence adduced by the defence is admissible if logically probative of an issue raised by the defence, but where both accused have comparable records of convictions for violence, evidence of the co-accused's prior convictions does not establish a greater propensity to commit the crime charged. A trial judge may criticise the Crown case in summing up even where such criticism favours one co-accused over another, provided adequate directions are given that the judge's observations carry no extra weight.
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