In a joint trial where evidence is admissible against one co-accused but not the other, the trial judge must direct the jury that the evidence is irrelevant to the case against the other accused and must not be used in propensity reasoning. The absence of such a direction, particularly where limiting directions are given for other evidence, creates a real risk of miscarriage of justice. Defence counsel's failure to seek such a direction does not cure the deficiency where no forensic purpose is served by the omission.
The full text is available to signed-in members, including the 1 later case that cites this judgment.