A propensity direction is not required in respect of relationship evidence admitted for a limited purpose (such as the deceased's state of mind) where the trial judge has given clear directions confining the evidence to that purpose and a propensity direction would undermine those favourable directions. A circumstantial evidence direction is not required in a 'strands in a cable' case where the directions on proof beyond reasonable doubt and the drawing of inferences are adequate. The failure of experienced counsel to seek a direction at trial is a pertinent factor in assessing whether the absence of the direction caused a miscarriage of justice.
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