Where uncharged acts of sexual misconduct occur as part of a connected series of events minutes before and after the charged acts, and are admissible to prove the accused's continuing state of mind under O'Leary principles, a direction warning against substitution or impermissible reasoning is not required unless there is a real risk of the jury using the evidence impermissibly. Trial judges should exercise caution in commenting that complaint evidence was unchallenged or uncontradicted, as such comments imply the defence could have challenged the evidence, which may involve significant unfairness where the defence had no realistic scope to do so.
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