Cross-examination suggesting a person is 'not a violent man' may be admissible on a basis other than tendency where it is relevant to establish the context of events and contrast the conduct of participants. Where an accused gives evidence at trial providing a full account, the failure to direct the jury about the right to silence in respect of a pre-trial refusal to be interviewed is unlikely to constitute a miscarriage of justice, particularly where no party suggested the jury could draw an adverse inference from the exercise of that right.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.