A trial judge's direction on the accused's failure to give evidence need not use the precise 'make-weight' formula from Azzopardi v The Queen, provided the direction conveys the essential substance: that no adverse inference may be drawn, the onus remains on the prosecution, the failure does not strengthen the prosecution case or supply additional proof, and the accused's silence may not fill gaps in the evidence. The facts and circumstances of each case dictate what directions about scrutinising a child complainant's evidence are appropriate.
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