A 'Mitchell direction' warning the jury against cross-use of evidence between complainants is not required in every multi-complainant sexual assault trial; it is required only where the circumstances warrant it, particularly where the summing up treats the evidence as a 'job lot' or encourages the jury to use the evidence of one complainant as proof of charges relating to another. Where the trial judge clearly separates the counts and evidence relating to each complainant, and the Crown advances each complainant's allegations as distinct, the absence of such a direction does not occasion a miscarriage of justice.
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