An anti-tendency direction in relation to bad character evidence adduced to rebut good character is not mandatory in every case; whether its absence constitutes a miscarriage of justice depends on the circumstances, including the risk of tendency reasoning and the effect of other directions. Section 110 of the Evidence Act 1995 (NSW) may permit rebuttal evidence to be used for tendency purposes (directly relevant to guilt), not merely to rebut character, though this question remains open for future argument. A prosecutor may challenge the basis of good character evidence and cross-examine character witnesses about limited opportunities to observe the accused, but may not undermine the good character direction by suggesting that character evidence is of lesser weight because sexual offences are committed in private.
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