Where a trial involves both a maintaining charge under s 229B and specific sexual offence charges, and evidence of uncharged acts is before the jury, the trial judge must give a propensity warning directing the jury as to the limited permissible use of the uncharged act evidence and warning against reasoning from propensity to guilt on the specific charges. The absence of such a warning, combined with an ambiguous direction that the jury could 'convict on the basis of any uncharged acts', will ordinarily constitute a miscarriage of justice requiring a new trial.
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