The use of the expression 'trying to distance himself' by a prosecutor does not necessarily suggest to the jury that the accused lied out of a consciousness of guilt; much depends on the context, facts and issues at trial. The interstate authorities R v Sheppard [2010] QCA 342 and AE v The Queen [2011] VSCA 168 were not followed on this point. The question of whether a lies direction is necessary remains governed by whether there is a material risk that the jury reached its verdict by finding the appellant told lies out of a consciousness of guilt.
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