Post-offence context evidence of uncharged sexual acts has very limited probative value where it can only explain a portion of a lengthy delay in complaint, and its exclusion will not substantially weaken the prosecution case for the purposes of s 5F(3A). A permanent stay cannot be granted on the basis that the operation of ss 306B-306D of the Criminal Procedure Act 1986 produces unfairness at a retrial, even where the first trial was allegedly conducted incompetently, because the court cannot prospectively predict that the retrial will be unfair given the remedial steps available to the trial judge.
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