Benchbook Direction 43 (Bad Character/Previous Convictions), which directs that the jury can act on a witness's evidence if satisfied the witness is truthful and accurate, cannot without more be applied to a defence witness. Expert evidence called by the defence is not exhausted in its effect merely because the jury is not satisfied the witness is truthful and accurate; if the evidence nevertheless raises a reasonable doubt, it remains a factor in the jury's consideration. A direction that implies the jury can only use defence expert evidence if they accept it as truthful and accurate constitutes a misdirection.
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