An aggregation of errors — including the omission of a propensity warning regarding uncharged acts, a direction that a finding of not guilty is not a finding of innocence, and judicial questioning undermining a defence witness — may collectively cause a miscarriage of justice even though none individually would warrant a new trial. A trial judge should not tell a jury that 'a finding of not guilty is not a finding of innocence' as this creates an unacceptable risk the jury will engage in propensity reasoning. Where the Crown must exclude innocent infection as well as collusion before probability reasoning may be used, the jury need not be directed that a reasonable possibility of innocent infection precludes conviction on the direct evidence relating to each count.
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