Tendency evidence directions must accurately reflect the basis on which the evidence was led as specified in the s 97 notice; a direction on 'sexual interest' or 'guilty passion' when the notice is confined to tendency to act in a particular way expands the Crown case and constitutes a substantial miscarriage of justice. Subsequent re-directions that do not retract the erroneous statements are insufficient to cure the error. Trial judges should not rely on model charges divorced from the legal principles upon which they are based. The youth of the accused at the time of tendency acts may be relevant to the significant probative value assessment under s 97.
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