The s 20(1)(b) gatekeeper determination does not require the trial judge to expressly set out in the ruling an assessment of competing innocent explanations, provided the transcript of argument and jury charge demonstrate that such explanations were considered. Evidence of post-offence conduct that is explicable by more than one reasonable argument will usually pass through the s 20(1)(b) gateway. The Court also recommended that incriminating conduct argument be conducted pre-trial rather than at the conclusion of evidence.
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