A comprehensive direction to the jury on the accused's right to silence, even if it contains multiple references to the accused's election not to give evidence, is not unfairly prejudicial where the direction is composite in nature and designed to emphasise the right to silence. Where an offender is convicted of drug trafficking, the sentencing judge may proceed on the basis that the offending was motivated by financial gain unless the offender establishes mitigating circumstances on the balance of probabilities.
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