Where propensity evidence of uncharged acts is admitted generally as propensity evidence (rather than for a subsidiary issue), no propensity warning is required, as such a warning would contradict the basis on which the evidence was admitted. Evidence of uncharged discreditable conduct occurring at the same place and about the same time as charged offences, forming part of a course of conduct, may satisfy the Pfennig admissibility test where there is no reasonable view of the evidence consistent with innocence.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.