Where an accused's out-of-court lie relates to a material issue and there is a real risk the jury may reason from the lie to guilt, a [name withheld] direction is required even if the prosecution does not rely on the lie as evidence of consciousness of guilt. When directing on specific intent for murder, the trial judge must apply the directions to the specific evidence of the accused's mental condition, including psychotic symptoms, and not merely give directions in general terms. Trial judges should be alert to invoking the Part 8A mental competence procedure under s 269E(1)(b) of the CLCA where evidence of mental impairment is relevant to specific intent.
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