Until the High Court resolves the uncertainty arising from Gipp v The Queen, the law on relationship evidence in NSW remains as declared in Beserick and AH, as recognised by McHugh and Hayne JJ in KRM. Where relationship evidence (as distinct from tendency/propensity evidence) is admitted, there is no requirement for a beyond reasonable doubt direction in respect of the uncharged acts. Where a jury merely requests evidentiary material (as opposed to further directions on law) and returns a verdict before the material is provided, the verdict should be respected. The word 'stale' is inappropriate for historical sexual offences.
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