The proviso to s 6 of the Criminal Appeal Act will not be applied to dismiss an appeal based on a serious misdirection where the case is essentially oath against oath and the complainant's evidence is uncorroborated. Relationship evidence directions must identify the specific issue which justifies the admission of the evidence; a direction that merely tells the jury the evidence shows the 'true nature of the relationship' without defining the issue informed by that understanding invites impermissible propensity reasoning. A fundamental error in jury directions on relationship evidence warrants a grant of leave under Rule 4 of the Court of Criminal Appeal Rules even where no objection was taken at trial.
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