Where defence counsel's failure to comply with the rule in Browne v Dunn relates to central factual issues, the resulting miscarriage of justice may be incurable by any direction to the jury. The general prohibition on prosecutors asking an accused whether Crown witnesses were lying is subject to at least one exception where the accused has specifically alleged in evidence in chief that a Crown witness lied. Prosecutors contemplating departure from the prohibition should raise the matter with the trial judge in the absence of the jury.
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