A trial judge may comment that exculpatory portions of a mixed out-of-court statement do not have the same evidential weight as admissions against interest, because they are not on oath and not tested by cross-examination, but the weight to be given to such statements is ultimately a matter for the jury and the judge may not direct the jury on this question. Such a comment does not undermine the accused's right to silence provided the judge also directs the jury that the weight is a matter for them and that the right to silence cannot be held against the accused.
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