Where the prosecution does not rely on tendency evidence and background evidence is adduced only for context and credibility assessment, a trial judge's directions need not include anti-substitution or anti-propensity warnings, even if the word 'tendency' is used, provided the charge as a whole makes clear the limited purpose of the evidence. Identical sentences for co-offenders in a joint criminal enterprise may be manifestly excessive where one co-offender had a lesser role, was significantly younger, and had better rehabilitation prospects, particularly where the absence of offending during a lengthy delay before sentencing was not given weight.
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