In sexual relationship cases under s 321A of the Criminal Code (WA), where extensive evidence of uncharged sexual acts is led, a propensity/relationship warning is required in addition to a separate consideration direction. The propensity warning must instruct the jury that: (1) they may have regard to uncharged acts evidence only if they find it reliable; (2) it is relevant only to show the nature of the relationship; and (3) it is not direct evidence of the offences charged. A Longman direction is required where there is a delay of five or more years between alleged offending and complaint, particularly where there is generalised uncharged evidence and lack of corroboration. The proviso cannot be applied where these directions are absent and the evidence does not make conviction inevitable.
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