Where a prosecutor elevates the absence of a complainant's motive to lie to a central matter in the jury's assessment, the trial judge must give the comprehensive Van Der Zyden direction. The trial judge's failure to do so, particularly where defence counsel seeks a redirection and is refused, constitutes an error of law under s 668E(1) of the Criminal Code (Qld) rather than merely a potential miscarriage of justice. The trial judge's endorsement of the 'essence' of the prosecutor's impermissible submissions reinforces rather than neutralises the prejudice.
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