A trial judge's comments on the evidence in the charge, even if accompanied by conventional directions that the jury are not bound by them, may cause a miscarriage of justice if they go so far as to destroy the evidence of a witness on whom the defence relies, particularly where the comments go far beyond anything said by the prosecutor and the witness was not cross-examined. Relationship evidence of uncharged acts of drug trafficking is admissible under s 398A(2) where it provides a more realistic context for the charged transactions, notwithstanding that it discloses separate criminal offences of similar character.
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