Where multiple sexual offence charges involving the same complainant are cross-admissible, directions regarding the limited use of uncharged acts evidence may be sufficient to convey the limitations also applying to the use of evidence of charged acts in relation to other charged acts. A propensity warning in such cases is not required and may be counter-productive. The literal application of s 34R(1) of the Evidence Act 1929 (SA) to require propensity directions in single-complainant multiple-count cases may produce absurd results, and failure to give such directions will attract the proviso where no miscarriage of justice results.
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