[2005] VSCA 70

An adjournment of a criminal trial for one week to allow the Crown to call additional expert evidence, where the need arose from cross-examination on matters outside the original expert's expertise, does not require discharge of the jury where the trial is not lengthy and does not involve issues of particular complexity. A Bromley warning is not required where the witness's evidence is basically identical to and goes no further than the accused's own admissions in police interviews. Where the Crown case is that the accused engaged in a single violent episode resulting in multiple injuries including the fatal one, the evidence of other injuries inflicted during that episode is not propensity evidence requiring a limiting direction.