An anti-tendency direction is not required in every case where evidence of uncharged criminal conduct is admitted; the risk of impermissible tendency reasoning depends on the issues presented and other directions given. Where the defence case would be undermined by highlighting the distinction between tendency evidence and evidence of a course of conduct, the absence of such a direction does not compromise trial fairness. On sentencing, a finding as to drug quantity can be made beyond reasonable doubt by inference from the jury's verdict, physical similarities between items, and the context of the offender's drug dealing business.
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