Where a prosecutor expressly invites a jury to infer 'consciousness of guilt' from aspects of a record of interview, an Edwards direction is required. However, leave under Rule 4 may be declined where defence counsel made a conscious tactical decision not to seek the direction because it would have drawn attention to the prospect that the accused was lying and potentially strengthened the Crown case. In conspiracy to import drugs cases, a jury may employ common sense to infer that a person consciously engaged in illicit activity at Australia's borders knew the subject of that activity, even where drugs are not directly mentioned in recorded conversations.
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