Where evidence of an accused's silence in response to an out-of-court accusation by a person on even terms is admitted, the trial judge must give specific directions on the use the jury may make of that evidence, including whether the silence constitutes an implied admission, what the subject-matter of any admission could be, and whether the evidence can be used in proof of particular offences or only as relationship evidence. The absence of such directions, particularly where the prosecutor highlights the evidence in final address, may constitute a miscarriage of justice even where no exception was taken at trial. The principles in Palmer v R concerning motive to lie are not engaged where the accused does not give evidence and the complainant has been cross-examined as to her motive.
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