A State concession that a miscarriage of justice has occurred does not bind the Court of Appeal under s 30 of the Criminal Appeals Act 2004 (WA); the Court must form its own opinion. Where evidence of uncharged criminal acts is admitted as propensity evidence under s 31A of the Evidence Act 1906 (WA), no propensity warning is required, and the failure to give such a warning does not constitute a miscarriage of justice.
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