The principle in Redman v R [2015] NSWCCA 110 at [16] — that an accused should not be forced to choose between jury prejudice and censoring the defence — is not a rule of universal application. Where prejudicial evidence sought to be led by the accused has only indirect relevance to an issue at trial, the weight of that prejudice in determining a judge alone application is reduced. Jury directions can overcome prejudice arising from evidence that the accused was incarcerated for crimes of which he was acquitted.
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