Where a complainant's evidence makes the time of commission essential to the acceptance of her account, amendment of the indictment to enlarge the time period may result in a miscarriage of justice by obscuring fundamental inconsistencies in the Crown case. A Crown Prosecutor who impugns the credibility of a Crown witness in closing address without having put the matters to the witness or sought leave under s 38 of the Evidence Act departs from proper and fair presentation. Directions on lies and consciousness of guilt must identify the specific lies to which the direction relates. In sexual offence cases with very long delay, the trial judge must warn the jury about the effects of delay on the accused's ability to defend himself.
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