When directing a jury on the permissible uses of discreditable conduct evidence under s 34R of the Evidence Act 1929 (SA), the trial judge must ensure that the stated permissible use is substantively distinguishable from the impermissible propensity use, and must not overstate the inferences available from the discreditable conduct evidence alone without reference to other evidence needed to support the ultimate inference. A direction that an element of the offence is 'more likely than not' established by discreditable conduct evidence constitutes a misdirection on the standard of proof. The mental element for trafficking by 'taking part in the process of sale' under s 32(1) of the Controlled Substances Act 1984 (SA) requires knowledge that at least a large commercial quantity of the drug is involved.
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