A trial judge should not refer to an accused's right to give evidence in a summing up unless some unusual feature of the case calls for it, as such a reference has a tendency to work against the required Azzopardi directions. A factually inaccurate statement in a summing up that an accused's police interview answers were not tested by cross-examination is a misdirection, but will not amount to a miscarriage of justice where the jury had access to the interview recordings and transcripts and the extent of testing was of no real significance to the verdict.
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