A prosecutor's improper invitation to the jury to engage in post-offence incriminating conduct reasoning in closing address, without notice under the Jury Directions Act 2015, may be adequately cured by strong corrective directions from the trial judge, particularly where the impugned submission is demonstrably at odds with the evidence. The irregularity constituted by such conduct falls to be assessed under the Baini framework for s 276(1)(b) of the Criminal Procedure Act 2009, with the question being whether conviction was inevitable notwithstanding the irregularity.
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