When a prosecutor tells the jury that the defence case is something which in fact it is not, and the trial judge endorses that mischaracterisation in the charge, a miscarriage of justice is likely. Hearsay evidence elicited in cross-examination by the party adversely affected by it remains subject to the hearsay rule under s 59(1) of the Evidence Act 2008 (Vic), and the trial judge must direct the jury to disregard it where no exception to the hearsay rule is engaged.
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