Evidence of uncharged assaults in a domestic relationship is not admissible as 'context' or 'relationship' evidence where each charged count has its own factual setting providing adequate context, and where the uncharged evidence is not probative of the charges but is highly prejudicial. Where such evidence is admitted, the trial judge must direct the jury that it cannot be used as tendency or propensity evidence. Prosecutors have an independent duty to ensure only admissible evidence is placed before the jury and must not leave it to defence counsel to object to inadmissible material elicited from their own witnesses.
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