A trial judge giving a Browne v Dunn direction in a criminal trial must alert the jury to alternative explanations for the failure to put matters to a witness, including counsel's misunderstanding of instructions, looseness in framing questions, or simple oversight. The rule in Browne v Dunn is not engaged where the matter not put to a witness does not bear on the guilt or innocence of the accused. Where a witness is recalled and cross-examined on the relevant matter, the earlier failure to put the matter is cured and does not constitute a breach of the rule.
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