When evidence of uncharged criminal acts is admitted in sexual offence cases, the trial judge must direct the jury not to act on the evidence unless satisfied of its truth, and must identify with some particularity how the evidence may properly be used. It is insufficient merely to tell the jury the evidence is part of the 'context' or 'background', as such general expressions are ambiguous and could be taken as a reference to propensity reasoning. Evidence of uncharged sexual acts remains admissible to explain the nature of the relationship between complainant and accused without satisfying the Pfennig test. When an accused gives evidence of good character, application must be made to the trial judge for leave before cross-examination as to character is undertaken.
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