Post-offence communications such as letters and text messages may be admissible not only as consciousness of guilt evidence but also as evidence of the accused's capacity to form intent and recollection of events, particularly where intoxication is raised as a defence. Evidence of prior violent conduct may be admissible to contextualise the accused's own statements about the offending, to explain motive and state of mind, and as relevant to provocation, provided the jury is given adequate directions limiting its use and warning against propensity reasoning.
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