'First occasion' particularisation of sexual offence counts is insufficient to sustain a conviction where the complainant has no actual recollection of the first occasion as a discrete event distinguishable from other similar conduct. The Crown, in particularising on a 'first occasion' basis, assumes the burden of proving that no offence of like character occurred earlier. Where uncharged acts are tendered only for contextual purposes and the Crown eschews propensity reasoning, no separate direction on the beyond reasonable doubt standard for uncharged acts is required.
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