The proviso is available even in circumstantial cases where the trial judge has erroneously left an alleged lie to the jury as evidence of consciousness of guilt, provided the remaining circumstantial evidence is overwhelming. The court's own assessment of the evidence governs unless the error has affected credibility issues bearing on proof of the circumstances relied upon. An alleged lie about national origin (claiming to be from Ghana rather than Nigeria) is not capable of satisfying the Edwards criteria for consciousness of guilt because the truth of the matter would not implicate the accused in the offence charged.
The full text is available to signed-in members, including the 1 later case that cites this judgment.