In a circumstantial evidence case, a jury does not need to be able to infer that an alternative hypothesis consistent with innocence actually occurred; it is sufficient that the hypothesis is a reasonable possibility. A direction that the jury must not 'speculate' about alternative hypotheses may effectively withdraw from the jury's consideration a major part of the defence case. Grossly inappropriate conduct by defence counsel in the presence of the jury, where the accused is not a participant, may constitute a miscarriage of justice where the conduct is calculated to lead the jury to doubt the worth of listening to anything defence counsel says.
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