Where an accused gives evidence providing a positive false explanation for conceded illicit conduct (as distinct from a simple denial of guilt), the trial judge is not only entitled but bound to give Edwards directions permitting the jury to use the false explanation as evidence of consciousness of guilt. The 'bootstraps argument' against using lies as evidence of guilt does not apply to such positive explanations. On sentence, a finding that a subordinate participant's criminality is of the same order as a co-offender who received substantial discounts must be reflected in the sentence imposed.
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