Where an accused does not give evidence at trial, directions on the burden of proof and the significance of defence evidence are insufficient without a specific warning that the accused's failure to give evidence cannot be used against them, does not strengthen the prosecution case, and cannot fill gaps in the evidence. The failure to give such a direction may constitute a miscarriage of justice even where no redirection was sought by defence counsel. The risk of impermissible reasoning is particularly acute where the accused is charged with specific fraudulent conduct within their knowledge.
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