An anti-tendency direction is not required in every case where relationship evidence is led in a domestic violence murder trial. The risk of impermissible tendency reasoning must be assessed by reference to the whole trial, including the Crown's delineation of tendency and relationship evidence, the directions given, and the nature of the relationship evidence itself. Experienced defence counsel's failure to seek such a direction is a significant factor against finding a miscarriage of justice, particularly where reasonable forensic justifications exist, including the risk that the direction itself may prompt the forbidden reasoning.
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