Where a trial judge's directions single out the accused as the only witness suggested to be lying and then direct the jury to consider whether a witness has a motive to lie, this constitutes a substantial misdirection undermining the presumption of innocence unless accompanied by a [name withheld] warning that the jury should not discount the accused's evidence simply because he is the accused. The proviso cannot apply where the misdirection goes directly to the assessment of evidence that, if accepted, would constitute a complete defence.
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