A complainant's brief and ambiguous evidence about being 'scared of the boys' in the context of a group sexual assault does not necessarily raise an impermissible inference of propensity for violence requiring a mistrial or separate trial, particularly where the import of the evidence is unclear and the trial judge concludes it is innocuous in context. An accused's admissions to friends at a police station while awaiting interview on serious criminal charges may properly be left to the jury as evidence of the offence, and the jury is entitled to conclude that the accused was unlikely to exaggerate his criminal conduct in those circumstances. Sentences of five years for rape and three years for attempted rape of a heavily intoxicated 17-year-old complainant in a group sexual assault context were within range.
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