The 'high degree of necessity' test for discharge of a jury upon inadvertent disclosure of prior convictions, as stated in R v Knape, remains good law in Victoria and is not irreconcilable with the High Court's approach in Crofts v The Queen. Where prior convictions are disclosed that directly undercut the accused's defence (here, that he was non-violent), a direction to disregard may be insufficient to cure the prejudice, particularly where the convictions have a 'particular resonance' in the context of the case. Following HML v The Queen, juries must be directed that they must be satisfied beyond reasonable doubt that uncharged acts were committed before using them for any purpose.
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