Where uncharged acts evidence is used not merely as relationship or context evidence but as a step in reasoning towards guilt, the trial judge must direct the jury that they can only use such evidence if satisfied beyond reasonable doubt that the uncharged acts occurred. The expression 'find to be true' is insufficient to convey this standard. A failure to give this direction will constitute a miscarriage of justice where the possibility cannot be ruled out that the jury used the uncharged acts evidence without being satisfied of it to the criminal standard.
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