A prosecutor's inappropriate comments on the accused's failure to give evidence do not give rise to a miscarriage of justice where defence counsel effectively addresses the comments, no correction is sought from the trial judge, and the judge gives thorough directions on the burden of proof and the impermissibility of adverse inferences from the accused's silence. Azzopardi v R is distinguishable in Queensland because there is no equivalent to s 20(2) of the Evidence Act 1995 (NSW), and s 618 of the Criminal Code already requires the accused's election not to give evidence to be made in the jury's presence.
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