Where voluminous inadmissible and highly prejudicial evidence is led at a criminal trial without objection, the trial judge has a duty to intervene and inquire into the basis for admissibility, and must give directions about the permissible and impermissible uses of such evidence. The failure to do so may result in a miscarriage of justice even where defence counsel made no objection and sought no direction. A prosecutor's use of inadmissible evidence to invite propensity reasoning or ad hominem argument in closing address is a breach of prosecutorial duty that may render a trial unfair.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
12 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.