A trial judge is not required to direct the jury that rejection of alibi evidence does not necessarily lead to guilt; the general directions on onus and standard of proof suffice. Rejected alibi evidence remains relevant and the jury may consider that the accused chose to present a false defence, consistent with R v [name withheld]. R v [name withheld] should not be followed to the extent it requires such a direction. The passage at [12] of [name withheld] v Western Australia does not establish that any prosecutorial irregularity necessarily amounts to a miscarriage of justice; the reference is to failures to correctly explain the law or strictly follow rules of procedure and evidence.
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