Where prosecutorial misconduct is alleged on appeal but no objection was taken at trial, the appellate court must examine the whole trial record to determine whether the impugned conduct created a real risk that the jury was deflected from its task. The trial judge's summing up and directions may be sufficient to cure prejudice from inappropriate prosecutorial remarks. However, where credibility and demeanour are central to the verdict (particularly in sexual offence cases), the proviso under s 353 of the Criminal Law Consolidation Act 1935 (SA) may not be applied because the appellate court cannot assess witness demeanour.
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