When evidence of an accused's discreditable conduct (drug use, domestic violence history, prior imprisonment) is admitted as relationship/context evidence in a sexual offence trial, the trial judge must give specific directions warning the jury against propensity reasoning, identifying the limited purpose for which the evidence is admitted, and explaining that the evidence cannot be used to conclude the accused has a tendency to commit the charged offences. The failure to give such a direction is an error of law, though the proviso may apply where the appellate court is independently satisfied of guilt beyond reasonable doubt. Verdicts of guilty on some counts and acquittal on others in a multi-count sexual offence trial are not inconsistent where the differing outcomes can be explained by the varying strength of supporting evidence on each count.
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