Where a prosecutor effectively invites the jury to use an accused's post-offence conduct (including disposal of a weapon and lies to police) as evidence of guilt, an Edwards-type direction is required even if the trial judge has ruled the evidence goes only to credibility. The direction must include identification of possible innocent explanations for the conduct, given with the authority of the judge's office. The term 'consciousness of guilt' should be avoided in favour of direct analysis of the inferential reasoning process. Defence counsel's failure to take exception to the charge does not preclude reliance on the inadequacy of directions on appeal where there has been a material misdirection constituting a miscarriage of justice.
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