A Crown Prosecutor's closing address that displays a combination of submissions not based on evidence, intemperate comments, ridicule of the defence case, and expression of personal opinions represents a serious departure from the standards of fairness required and will result in a miscarriage of justice warranting a new trial. A trial judge's general direction to disregard personal opinions may be insufficient to cure the prejudice caused by such an address, and in such circumstances the jury should be discharged. The proviso cannot be applied where there has been a significant denial of procedural fairness of this kind.
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