A trial judge is not required to give a propensity warning where defence counsel has made a forensic decision to have propensity evidence admitted on a limited basis and has argued against such a warning, provided the omission does not result in a miscarriage of justice. The test for admissibility of propensity evidence under s 398A(2) of the Crimes Act 1958 (Vic) requires that the probative force of the evidence clearly transcend its prejudicial effect. An Edwards direction is required only where lies told by the accused are said to amount to an implied admission of guilt, not where they go only to credit.
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