Evidence of possession of items (such as ammunition) unrelated to the offence charged is admissible only as tendency evidence under s 97 of the Evidence Act 1995 and must be tendered on that basis with the required procedures followed; if not, the evidence is inadmissible. However, wrongful admission of such evidence does not necessarily occasion a miscarriage of justice where the evidence had minimal significance at trial. The Markuleski credibility direction principles are not confined to sexual offence cases but extend to any case where a principal Crown witness's credibility is compromised, though the absence of such a direction is not necessarily fatal.
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