Evidence of an accused's pre and post offence conduct on the same day is admissible as part of a single transaction under the O'Leary doctrine to prove specific intent for murder, where it demonstrates the accused's capacity for self-control notwithstanding intoxication. Such evidence is admissible under s 34P(2)(a) of the Evidence Act 1929 (SA) as evidence of state of mind and intoxication, not as propensity evidence under s 34P(2)(b). Section 34R(1) directions need only identify the permissible and impermissible uses relevant to the real issues at trial and do not require the judge to address every fanciful misuse.
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