Evidence of a prior violent incident between the accused and a witness is not admissible as relationship evidence bearing on the accused's relationship with a different victim unless it can rationally affect the assessment of a fact in issue concerning that victim. However, where defence counsel had a rational forensic basis for not objecting to such evidence, its wrongful admission will not occasion a miscarriage of justice. Alternatively, the proviso in s 668E(1A) applies where the properly admitted evidence proves guilt beyond reasonable doubt.
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