Evidence of an accused's cannabis use may be admissible in sexual offence trials where it is relevant to the nature of the relationship between the accused and the complainant's parent, the complainant's state of mind in not complaining, and the accused's opportunity to offend — it is not confined to relevance to the complainant's state of mind alone. The credibility rule in s 102 of the Evidence Act 2008 (Vic) does not apply where the evidence is relevant beyond its relevance to a witness's ability to remember. A prosecutor's use of inflammatory or inaccurate rhetoric regarding drug use (such as 'drugging and drinking') may be inappropriate but will not necessarily occasion a substantial miscarriage of justice where adequate judicial directions are given and defence counsel does not seek a discharge.
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