The admissibility of propensity evidence under s 31A of the Evidence Act 1906 (WA) is a question of law, not discretion: once the two-stage test is satisfied, the evidence must be admitted and there is no room for the Christie discretion. Evidence of post-offence drug dealing is admissible on the same basis as pre-offence drug dealing to prove intent to sell or supply and to negate innocent association. Where an accused has been acquitted on a different charge and the same evidence is led at a subsequent trial, the trial judge is not required to allow evidence of the acquittal or to direct the jury about it unless the question of the accused's guilt of the earlier offence arises or would be likely to occur to the jury. An Edwards consciousness of guilt direction is not required where the prosecution relies on recorded conversations as implied admissions rather than as evidence of consciousness of guilt.
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