When evidence of uncharged sexual conduct is admitted in a sexual offence trial, the trial judge must direct the jury not to substitute that evidence for proof of the charged offences and not to reason that because the accused may have done something wrong on another occasion he must have done so on the occasion charged; a mere direction that the uncharged conduct is not the subject of any charge is insufficient. A trial judge who declines a request for a s 165 warning about a complainant's evidence should state reasons for doing so. The court may decline to order a new trial and instead enter an acquittal where the Crown case is weak and the investigation was dilatory and improper.
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