Under s 147.1 of the Criminal Code (Cth), the prosecution must prove the accused knew the victim was a public official (to establish the 'because of' element in s 147.1(1)(e)), but by virtue of s 147.1(1A) imposing absolute liability on paragraphs (1)(ea), (eb) and (ec), the prosecution need not prove the accused knew the official was specifically a Commonwealth public official. The rule in Browne v Dunn is principally a shield preventing subsequent impeachment of a witness; its use as a sword to actively impeach an accused by reference to counsel's conduct demands care and caution. The cumulative effect of multiple instances of prosecutorial unfairness may cause a miscarriage of justice even where individual instances, standing alone, would not.
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