A prosecutor's remark that defence counsel is 'defending the indefensible' is inappropriate but does not necessarily give rise to a substantial miscarriage of justice where the trial judge gives repeated and clear directions on the onus of proof. The failure of defence counsel to object at trial is a relevant factor in assessing whether a miscarriage occurred. On sentence, the absence of a guilty plea deprives an offender of the substantial mitigatory benefit that would otherwise be available.
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