Where an accused's alleged statement about prior offending is probative of the accused's state of mind regarding consent, it may be admitted notwithstanding its prejudicial character, provided the jury is directed that the statement is not evidence of a prior offence. Impugned passages in a prosecutor's closing address will rarely alone create a high degree of need to discharge the jury; an appropriate direction will ordinarily suffice. A jury's acquittal on some counts does not render convictions on other counts unsafe where the issues on the respective counts were different.
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