Where a prosecutor relies on an alleged lie by the accused in closing address and the trial judge repeats that submission in the charge without qualifying direction, a Zoneff direction is required even where the prosecutor does not expressly contend the lie is evidence of consciousness of guilt, if there is a reasonable possibility the jury may misuse the evidence. The failure of defence counsel to raise the issue does not bar the ground of appeal. A Liberato direction is not required where the trial judge does not pose the question of whose evidence to prefer and adequately directs on the onus and standard of proof throughout the charge.
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