Where a Crown prosecutor makes a prohibited comment under s 20(3) of the Evidence Act 1995 (NSW) regarding the failure to call a de facto spouse, a trial judge's corrective direction that offers a reason why the witness may not have been called, combined with a direction not to speculate, is sufficient to cure the error. An appellant's acknowledgment in cross-examination that no alibi notice was given may render a Crown comment on that failure non-prejudicial even without a specific judicial direction.
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